::AESAN:: Agencia Española de Seguridad Alimentaria y Nutrición

subseccion EnlacesThe right to effective protection

Legislative Royal Decree 1/2007, passed in Spain on 16th November 2007, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.

Section 8.1

  • Fundamental Rights of consumers and users: (…) f) The protection of their rights by effective procedures, particularly in situations of inferiority, subordination and defencelessness.       

Section 46.1

  • The competent public administrations, in the use of their sanctioning authority, shall sanction conducts typified as an offence in the field of the defence of consumers and users without prejudice to the civil or criminal liabilities or liabilities of any other nature that might concur.

Section 57.1

  • The consumer-operator arbitration system is the out-of-court system for resolving disputes between consumers and users and business operators by virtue of which, without special formalities while being binding and enforcing on both parties, the claims of consumers and users are resolved unless the dispute concerns intoxication, lesion or death or there is rational evidence of an offence.

Royal Decree 1907/1996, passed in Spain on 2nd August 1996, governing the advertising and commercial promotion of products, activities or services claimed to have a health benefit. Section 1.1

  • The health authorities and other competent bodies (…) shall control advertising and commercial promotion (…) so that they adhere to criteria of veracity regarding health and restrict anything that might constitute a hazard thereto.

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