South Africa Case Law

National Consumer Commission v Hanmon International CC (NCT/308359/2024/100(6)(a))

National Consumer Commission v Hanmon International CC (NCT/308359/2024/100(6)(a)) [2024] ZANCT 8 (19 April 2024)

Court

National Consumer Tribunal

Case number

NCT/308359/2024/100(6)(a)

Judges

C Sassman, MC Peenze, A Potwana

The Tribunal found that the respondent failed to comply with a compliance notice issued under section 100(1) of the Consumer Protection Act, despite proper service and notification. The respondent provided no valid reason for non-compliance and disregarded both the legislation and the authority of the applicant. The Tribunal considered the factors listed in section 112(3) of the CPA and found that, although there was no evidence of continuous contravention, consumer harm could result from the conduct. There was no evidence of profit or previous contraventions, and the respondent ceased cooper…

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• Consumer Protection Act
• Compliance Notice
• Administrative Fine
• Product Labelling
• Trade Description

Consumer Goods Council of South Africa v Food Safety Agency (Pty) Ltd and Others (015445-2022)

Consumer Goods Council of South Africa v Food Safety Agency (Pty) Ltd and Others (015445-2022) [2023] ZAGPJHC 838 (25 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

015445-2022

Judge

EF Dippenaar

The High Court confirmed an interim interdict stopping seizure of meat analogue products pending review, finding a prima facie right, irreparable harm, and favourable convenience.

• Interim Interdict
• Review Of Administrative Action
• Ultra Vires
• Product Labelling
• Agricultural Product Standards Act
• Naming Conventions

Siqalo Foods (Pty) Ltd v Clover SA (Pty) Ltd (425/2022)

Siqalo Foods (Pty) Ltd v Clover SA (Pty) Ltd (425/2022) [2023] ZASCA 82 (31 May 2023)

Court

Supreme Court of Appeal

Case number

425/2022

Judges

Ponnan, Carelse, Matojane, Daffue, Siwendu

The Supreme Court of Appeal found that the appellant’s product label contravened the statutory requirements under the Agricultural Product Standards Act and its regulations. The dominant display of the word 'BUTTER' on the label, with the class designation 'modified butter' rendered virtually invisible, was likely to mislead consumers into believing the product was pure butter. The evidence, including consumer research and visual analysis, supported the conclusion that the label created a false or misleading impression as to the nature and class of the product. The court rejected the appellan…

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• Agricultural Product Standards Act
• Misrepresentation
• Unlawful Competition
• Product Labelling
• Statutory Interdict

National Consumer Commission v Kasner (NCT/176450/2021/100(6)(a))

National Consumer Commission v Kasner (NCT/176450/2021/100(6)(a)) [2021] ZANCT 51 (5 December 2021)

Court

National Consumer Tribunal

Case number

NCT/176450/2021/100(6)(a)

Judges

L. Best, T. Bailey, F. Sibanda

The Tribunal imposed a R10,000 administrative fine for failing to comply with a consumer compliance notice over non-compliant imported clothing.

• Consumer Protection Act
• Compliance Notice
• Administrative Fine
• Product Labelling
• Small Business Compliance
• Consumer-protection-act

Soulever Well CC t/a Bellabaci v National Consumer Commission (NCT/159598/2020/101(1))

Soulever Well CC t/a Bellabaci v National Consumer Commission (NCT/159598/2020/101(1)) [2021] ZANCT 16 (30 May 2021)

Court

National Consumer Tribunal

Case number

NCT/159598/2020/101(1)

Judges

L. Best, F. Manamela, A. Potwana

The Tribunal found that the provisions of section 3(1)(e) and Regulation 6 of the Consumer Protection Act do not apply to goods intended solely for export and not for South African consumers. There was no evidence that the Applicant knowingly applied a misleading trade description to the bags, nor was there a principal-agent or employer-employee relationship between the Applicant and the manufacturer. The Applicant could not be held vicariously liable for the manufacturer's actions under section 113 of the CPA. The Respondent did not dispute the Applicant's version that the incorrect label wa…

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• Consumer Protection Act
• Compliance Notice Review
• Trade Description
• Product Labelling
• Vicarious Liability