Killer Candy and the Food and Drugs Act
Imported Asian candies made from gelatin and fruit in the form of little cups that resemble coffee creamer containers have been identified as a choking hazard for small children and linked to dozens of choking deaths around the world.
The Canadian Food Inspection Agency has recognized the choking hazard but has advised that the Food and Drugs Act does not regulate the size or shape of food products. the particular factors that make the candy so dangerous.
Some packages contain a warning against giving the candy to children under three years of age, and one brand contains the following grim yet cheery statement: "This product is insured for $30 million liability. Please eating [sic) it without worry."
If the product is not regulated under the Food and Drugs Act, are the warnings sufficient? Is this a matter that should be left to parental supervision?
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(Note:
Book: Fundamentals of Canadian Business Law, Second Edition Paperback by John A Willes, John H Willes
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Please turn to page 269 and read the Media Report feature box. You'll now have the chance to compare and contrast the powers of consumer protection legislation designed not for business-to-business transactions, but for those where the goods will be personally used by the purchaser. In "Killer Candy and the Food and Drugs Act," you'll see that not every eventuality that could endanger the health and safety of consumers has been anticipated by legislation. Although the Canada Consumer Product Safety Act regulates children's toys, jewellery, sleepwear, and pacifiers, the Food and Drugs Act does not, as the Media Report points out, regulate the size or shape of food products that may cause the death of children by choking. Again, please respond analytically to the potential danger from choking apparently overlooked by the federal statute.
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