Dear Healthcare Professional and / or Consumer
Consumer Protection Act: Liability for product not reasonably suitable for intended purpose.
This letter serves to remind Healthcare Professionals and/or Consumers that, under the Consumer Protection Act, 2008, goods (which would include medicines) have to be used only if reasonably intended for use in line with the purpose for which it is generally suitable (section 55(2)(a)). We also wish to draw your attention to the strict liability provisions of section 61 of the said Act, in accordance with which Manufacturers, Distributors and Suppliers could be held liable for any harm that results from the use of a specific product.
We therefore urge you to ensure that the products you use comply with the provisions of the Consumer Protection Act, failing of which we hereby state that for any Green PHARM product, as not in line for the purpose for which the product would be generally intended, you indemnify Green PHARM South-Africa (Pty) Ltd from any claim that may result from such unauthorized use. Any products should not be used two(2) weeks prior to any operation.
By issuing this warning, Green PHARM makes it clear that if any such use is taking place without its explicit or implied sanction and/or authorization, and that it is expected that, should any complaint or claim result from such use, the Practitioner(s) and/or Consumer(s) involved will be solely responsible for any harm whatsoever that may result from such use.
Green PHARM South-Africa (Pty) Ltd. Eduan Joubert- Director