Dimaapi, John Christrel M.

200900576c
BSBA - ETEEAP

The Case

Mang Toot’s fast-food chain has been known in the business not just only

for its great tasting food and excellent service but also for its cleanly prepared

dishes. One day, Emong, a service crew of Mang Toot’s Makati branch, was

preparing the gravy. He was unaware tha the starch he used was already

expired. He only noticed it after some time and the gravy had already been

served to some customers. Knowing that it might cause harm to the

customers, he immediately to Bartolome, the branch manager, about it.

Bartolome told Emong not to tell anyone about it, besides no one is

complaining.

Case Analysis

Expired Gravy

I. Problem
The expiration of gravy and the possible effect to the customers
II. Case Facts

The respected and trusted food chain business.

The unchecked expiration date of gravy that made by Emo.
The decision of the Store Manager to keep it secret to the customer.

III. Alternative Course of Action

 ACA 1 – Republic Act No. 7394 The Consumer Act of the Philippines Article
10

Art. 10. Injurious, Dangerous and Unsafe Products. Whenever the

departments find, by their own initiative or by petition of a consumer that a

consumer product is found to be injurious, unsafe or dangerous, it shall, after due

notice and hearing make the appropriate order for its recall prohibition or seizure

from public sale or distribution. Provided that in the sound discretion of the

department it may declare a consumer product to be imminently injurious, unsafe

or dangerous, and order is immediate recall, ban or seizure from public sale or

distribution, in which case, the seller, distributor, manufacturer or producer

thereof shall be afforded a hearing within forty-eight (48) hours from such order. 

  

The ban on the sale and distribution of a consumer product adjudged injurious,

unsafe or dangerous, or imminently injurious, unsafe or dangerous under the

preceding paragraph shall stay in force until such time that its safety can be

assured or measures to ensure its safety have been established. 

  

ACA – Republic Act No. 7394 The Consumer Act of the Philippines Article
11 par 1

Art. 11. Amendment and Revocation of Declaration of the Injurious, Unsafe

or Dangerous Character of a Consumer Product. 
 Any interested person may petition the appropriate department to commence a

proceeding for the issuance of an amendment or revocation of a consumer

product safety rule or an order declaring a consumer product injurious,

dangerous and unsafe.

  

In case the department, upon petition by an interested party or its own initiative

and after due notice and hearing, determines a consumer product to be

substandard or materially defective, it shall so notify the manufacturer, distributor

or seller thereof of such finding and order such manufacturer, distributor or seller

to;

(a) give notice to the public of the defect or failure to comply with the product

safety standards; and  (b) give notice to each distributor or retailer of such

product.

ACA 3 – Republic Act No. 7394 The Consumer Act of the Philippines Article
11 par 2

The department shall also direct the manufacturer, distributor or seller of such

product to extend any or all of the following remedies to the injured person:

(a) to bring such product into conformity with the requirements of the applicable

consumer product standards or to repair the defect in order to conform with the

same; 

(b) to replace the product with a like or equivalent product which complies with

the applicable consumer product standards which does not contain the defect; 
 (c) to refund the purchase price of the product less a reasonable allowance for

use; and 

(d) to pay the consumer reasonable damages as may be determined by the

department.

The manufacturer, distributor or seller shall not charge a consumer who avails

himself of the remedy as provided above of any expense and cost that may be

incurred. 

IV. Recommendation

ACA 1 – Republic Act No. 7394 The Consumer Act of the Philippines Article
10

Use by or Best Before: This tells you when to use the product by for the best

flavor quality and has nothing to do with food safety. Expiration Date: Expiration

dates are typically meant as a suggestion for the last date you can

consume food.

Don’t be panic when it happens, why? According to studies Even if the expired

food you eat is safe for consumption, it might not taste as good as if you ate it

sooner. ... The USDA Food Safety and Inspection Service notes that

many expired foods can be safe to eat, but they might not be as flavorful as if

you ate them before the expiration date.

 Thus; Fast food or any restaurant should follow and maintain Food Safety Rules

and Regulations considering the benefits of eating healthy foods and effects to

the consumers.

V. Conclusion

The department shall promulgate the necessary rules for the issuance,

amendment or revocation of any consumer product safety rule. Any amendment

or revocation of a consumer product safety rule made by the concerned

department shall specify the date on which it shall take effect which shall not

exceed ninety days from the date of amendment or revocation is published

unless the concerned department finds, for a good cause shown, that a later

effective date is in the public interest and publishes its reasons for such finding.