Question & AnswerQ&A (FDA CIRCULAR NO. 2013-022)
The purpose is to streamline procedures for handling consumer complaints related to health products and services to protect consumers from violative health products and uphold consumer rights.
The FDA's mandate is based on Republic Act No. 3720 (Food, Drug and Cosmetic Act), as amended by Republic Act No. 9711 (FDA Act of 2009), and Republic Act No. 7394 (The Consumer Act of the Philippines).
Complaints related to health products and services including advertisements and sales promotions under FDA jurisdiction that are not handled by Consumer Arbitrators or other tribunals are covered.
Complaints about processed food products and food supplements must be filed at the Center for Food Regulation and Research (CFRR).
The product must be registered, show indication of adulteration or deterioration, not expired, in original packaging or accompanied with empty packaging, and may require referral from certain legal services for alcoholic drinks.
Complaints related to restaurant foods, street foods, fresh produce, water from refilling stations, rice and other grains, accidental poisoning, dangerous drugs, agricultural pesticides and fertilizers, medical malpractice products, senior citizen discounts, price act violations except specific drug prices, trade disputes not involving counterfeiting, and processed canned and meat products.
FDA personnel must properly fill out the complaint form based on the complainant's statements and certify that it faithfully reflects the complaint.
Supporting documents may include photographs, the product itself, receipts, medical certificates, and other pieces of evidence relevant to the complaint.
Consumers are advised to buy from licensed establishments, verify product registration, check labels for expiry dates, avoid products with foreign labels or damaged packaging, and verify registration through the FDA website.
Consumers may file complaints via email, telephone, the FDA website's eReport tab, or via ADR Forms online for adverse drug reactions.