This Act lays down provisions on the functions and powers of the Department of Consumer Affairs; functions of the Consumer Guidance Council; establishment, functions and powers of Consumer Affairs Tribunal; receipt, investigation and hearing processes of complaints; consumer rights and their protection; duties of suppliers; unfair trade practices; product liability; consumer safety requirements; voluntary or compulsory recall of goods; distance selling; and miscellaneous provisions. This Act applies to all persons engaged in trade or business activities, including those involved in the purchase, acquisition, or supply of goods or services.
The objectives of this Act are to promote and enhance the social and economic well-being of consumers in Antigua and Barbuda by: (i) establishing a comprehensive legal framework to support the development and maintenance of a consumer market that is fair, accessible, efficient, sustainable, and accountable for the benefit of all consumers; (ii) addressing and mitigating any disadvantages faced by consumers in accessing goods and services; (iii) fostering fair, ethical, and responsible business practices, including social, economic, and environmental accountability within consumer markets; (iv) safeguarding consumers against unfair, unreasonable, unjust, or otherwise improper trade practices, including deceptive, misleading, or fraudulent conduct; (v) enhancing consumer awareness and access to information; (vi) encouraging responsible and well-informed consumer decision-making and behaviour; (vii) strengthening consumer confidence and empowerment, while promoting a culture of responsibility; (viii) establishing a consistent, accessible, and efficient system for the consensual resolution of disputes arising from consumer transactions; and (ix) ensuring a coordinated, accessible, and effective framework for consumer redress.
Part X deals with the product liability and applies to products including animals, and agricultural produce whether of the soil or otherwise of stock-farming or of fisheries. It sets out the liability of producers, importer and supplier for defects, and the types of defences in civil proceedings. Part XI determines general safety requirements in terms of marketing, packaging and presentation of the goods, the use of any mark in relation to the goods, giving instructions or warnings with respect to the keeping, use or consumption of the goods, any applicable safety standards or technical regulations, and any applicable means to make goods safer.