SOUTH AFRICA - IF YOUR BUSINESS IS PROVIDING QUESTIONABLE SANITISERS TO CUSTOMERS, YOU COULD BE TAKEN TO COURT

 Businesses could be in danger of being sued if the hand sanitisers they provide to customers are substandard.

The SA Bureau of Standards (Sabs) has warned of fraudulently manufactured sanitisers that bear its mark of approval without having gone through the necessary testing.

Covid-19 lockdown regulations stipulate that retailers and other businesses have to provide sanitisers for customers to use as they enter their premises. 

But the rapid spread of infections has meant shops have had little time to source sanitisers. There have been complaints of substandard products, with some consumers complaining that they have developed rashes.

However, the onus might be on consumers to be aware of any allergic reactions or skin irritations caused by the use of hand sanitisers.

Legal experts have warned that not taking the necessary due diligence in acquiring quality products could open retailers up to new liability risks.

“Retailers could potentially face a new surge of class actions and personal injury claims for negligence regarding the use of harmful products,” said Bonginkosi Ntuli, a claims specialist for professional indemnity and liability claims at SHA Specialist.

The Sabs has raised concerns about the fraudulent use of its mark on hand sanitiser products.

“This means that some manufacturers are illegitimately applying the ‘Sabs Approved’ logo on products,” lead administrator Jodi Scholtz said.

“While we try to investigate all claims of fraudulent use of the Sabs Mark Scheme, there are some unscrupulous manufacturers that are using the Sabs mark without permission.”

The statutory body responsible for developing, revising, amending and withdrawing existing standards explained that sanitisers not made according to a set of specifications, manufactured in a quality controlled and hygienic environment, packaged incorrectly or not being tested for efficacy and safety are some of the elements that can contribute to subgrade sanitisers.

“Labelling that identifies the ingredients of the products, with the batch number, production date and contact details of the manufacturer are some of the fundamental inclusions of the product,” Scholtz said.

The bureau has insisted that no products that bear its mark will be subgrade.

“Products that bear the mark have been tested against a set of criteria contained in national standards.”

Scholtz agreed that substandard or untested sanitiser could have some health implications.

“Blistering, burning or respiratory problems can be caused by incorrectly utilising products.”

The bureau has been working with various other authorities and government organisations, especially with matters concerning the impact on health and safety of consumers.

“The National Regulator for Compulsory Specifications can confiscate products, the South African Police Services can arrest people for the sale of counterfeit or fraudulent goods, or local municipal authorities may intervene to stop the operations, the National Consumer Commission can assist with refunds of defective purchases.”

Scholtz recommended that those who may experience adverse reactions to hand sanitisers should make alternative arrangements.

“It is suggested that they use alternate protection such as using gloves that can be sanitised, carrying their preferred sanitising products with them even if it is just soap and water.”

Consumer Goods Council of South Africa’s food safety executive Matlou Setati said the burden is on consumers to find out what effect these hand sanitisers will have on their skin and make alternative arrangements accordingly.

“The retailers cannot take responsibility for any reactions that may result by the consumer being sprayed with sanitiser on entry.

“It’s up to the consumer to be aware of any allergies or reactions they may have to sanitisers and ensure they take the necessary measures to ensure they wear gloves when going to stores so that they meet the necessary requirements at stores to have their hands sprayed.”

Setati insisted that the council’s retail members are aware of the need to ensure the health of customers and therefore use approved sanitisers.

However, the Saturday Star has found that many of the hand sanitisers used by businesses and retailers were not labelled and no information provided of what chemicals were used in the product.

Pick * Pay said it works with a small number of carefully selected, reputable companies to supply its stores.

“Each company provides validated reports about the efficacy of the sanitisers. This helps us ensure that we adhere to our high standard of sanitation and personal hygiene so that we can continue to provide a safe environment for our customers and staff.”

The Shoprite Group, which owns Checkers, Checkers Hyper, Shoprite and USave, said all the sanitisers they use are in accordance with the recommendations of the Department of Health.

“Our outlets use alcohol-based hand sanitisers containing at least 70% alcohol content, like Sterispray, for this purpose and depending on availability, we may revert to other formats of alcohol-based hand sanitising products also available from our suppliers which could include gels or sprays.”

Meanwhile, Woolworths said it purchases its sanitisers from dedicated suppliers whose products have been checked off against the appropriated Materials Safety Data Sheet.

“We have dedicated suppliers to ensure traceability.”

Both Shoprite and Woolworths admitted that they have received some complaints from customers about the hand sanitisers being used at their stores but that the majority of shoppers are happy.

“We have received very few queries from customers on this issue. Our investigations and tests show that the products are safe and our customers are satisfied when we share this information with them,” Woolworths said.

Shoprite added although there have been minimal queries around the application of the hand sanitiser, everyone has a different response to the product.

“All people have different tolerance levels and certain skin types are more sensitive as is the case with repeated handwashing.”

via - IOL