I. Introduction: The Social-Media Marketplace and the Consumer Act

Buying through Facebook Marketplace, Instagram shops, TikTok “budol” lives, or chat-based selling has become normal in the Philippines. These sales often happen outside formal e-commerce sites, yet the transactions are still consumer sales and are governed by Philippine law. The primary statute is Republic Act (RA) No. 7394, the Consumer Act of the Philippines, supplemented by civil law, electronic commerce rules, and recent legislation aimed at online trade.

“Substandard products” here refers to goods that are defective, unsafe, adulterated, misbranded, not of the quality promised, or otherwise not compliant with mandatory standards.

This article explains the rights of consumers, the duties and liabilities of online sellers and platforms, and the remedies and procedures available when products sold through social media are substandard.

II. Legal Framework (Philippine Context)

A. Consumer Act of the Philippines (RA 7394)

The Consumer Act is the backbone for product quality, labeling, warranties, deceptive sales, and product safety. It applies to all consumer products and services sold in trade or commerce, regardless of medium. Social-media selling is still “trade or commerce.”

Key parts relevant to substandard goods:

Consumer Product Quality and Safety Standards
Labeling and Fair Packaging
Deceptive, Unfair, and Unconscionable Sales Acts
Warranties and Remedies
Liability for Product Defects
Administrative enforcement by DTI, DOH, DA, etc. depending on product

B. Civil Code Provisions on Sales

Even if a seller says “no returns,” the Civil Code still implies obligations in sales:

Obligation to deliver what was agreed
Implied warranty against hidden defects
Remedies for breach of contract, rescission, damages

C. E-Commerce Act (RA 8792)

RA 8792 recognizes the legality of electronic transactions and helps validate electronic evidence (screenshots, chats, e-receipts) for enforcement.

D. Internet Transactions Act of 2023 (RA 11967)

This recent law expressly regulates online commerce, including social-media commerce, strengthening duties of online sellers and imposing obligations on digital platforms to help prevent illegal and harmful sales. It reinforces DTI authority over online transactions.

E. DTI Rules and Special Agency Regulations

DTI has long regulated consumer products; other agencies regulate specific sectors:

Food, drugs, cosmetics, devices – DOH/FDA
Agricultural/fishery products – DA/BFAR
Telecom/electronics standards – NTC, DOE, DTI-BPS Many products sold online are subject to mandatory standards and permits.

III. Who Is Protected and What Transactions Are Covered?

A. Consumer

A consumer is anyone who buys goods or services primarily for personal, family, household, or non-commercial use. If you bought to resell as business inventory, Consumer Act protections may be weaker, but civil and commercial remedies remain.

B. Covered Social-Media Transactions

Consumer laws cover:

Live selling
DM/PM-based orders
Posts with “mine/steal/claim”
Marketplace listings
Influencer storefronts
Group chat selling
Payments via GCash, bank transfer, COD couriers, or in-app wallet

The informality of the platform does not remove legal obligations.

IV. What Counts as a “Substandard Product” Under Philippine Law?

A. Defective or Unsafe Goods

Goods are substandard if they:

Fail to meet mandatory product standards
Are unsafe for normal use
Have defects in design, manufacture, or warnings
Cause injury or property damage when used as intended

B. Misbranded or Adulterated Products

Typically relevant to food, cosmetics, supplements, medicines, and similar:

False or misleading claims
Ingredients not disclosed or substituted
Expired, repacked, tampered, or contaminated goods

C. Short Weight/Short Measure or Inferior Quality

Products not matching:

Quantity, size, weight, strength, or grade promised
Sample/model shown
Performance claims in ads or live selling

D. Counterfeit or Pirated Goods

Selling as “authentic” when fake is a serious violation:

Deceptive sales under the Consumer Act
Also triggers IP laws and possible criminal liability

V. Core Consumer Rights (Applied to Social-Media Sales)

The Consumer Act and related policy embody these key rights:

Right to Safety Protection from goods hazardous to health or life.
Right to Information Accurate details on price, features, risks, origin, and terms—especially important where ads are short or hype-driven.
Right to Choose Protection against coercive, exploitative, or bait-and-switch selling.
Right to Redress Access to refunds, replacement, repair, damages, and enforcement mechanisms.
Right to Consumer Education Right to be informed of lawful standards and complaint options.
Right to Representation Ability to organize and have consumer interests represented before government.

In social-media contexts, the right to information and redress are most frequently implicated.

VI. Duties of Social-Media Sellers

Social-media sellers are treated like any other supplier. They must:

A. Sell Safe and Standard-Compliant Products

They must ensure goods meet relevant Philippine standards (e.g., safety marks, FDA notifications, quality certifications where required).

B. Provide Truthful Advertising and Product Descriptions

Prohibited acts include:

False claims on authenticity, origin, benefits, or performance
“Before/after” exaggerations
Misleading discounts, scarcity tricks (“last 2 left,” “sale until midnight only”) when untrue
Hiding key terms (warranty exclusions, restocking fees, subscription traps)

C. Honor Warranties (Express and Implied)

Even without a written warranty, the law imposes:

Implied warranty of merchantability (fit for ordinary use)
Implied warranty of fitness for a particular purpose told to seller
Warranty against hidden defects

D. Respect Fair Pricing and Proper Receipts

Charging more than posted price, changing prices after “mine,” or refusing proof of sale can be violations.

E. Avoid Unconscionable Sales

The Consumer Act prohibits taking advantage of a consumer’s lack of knowledge, inability to protect interest, or dependence on seller’s representations.

VII. Liability of Social-Media Platforms and Intermediaries

Traditionally, platforms argued they are mere venues. Under current policy and RA 11967, platforms can have duties to:

Provide clear seller identification systems
Remove or disable listings of illegal or dangerous products
Maintain complaint channels
Cooperate with enforcement orders

However, primary product liability still rests on the seller, distributor, or manufacturer. Platform liability is more about compliance duties and facilitation, unless it actively participates as seller, endorser, or controller of the transaction.

Influencers who market or endorse substandard goods can also face liability when they:

Make specific product claims
Receive compensation and act as part of the sales chain
Mislead consumers through testimonials

VIII. Remedies for Consumers

A. Remedies Under Warranties (Consumer Act + Civil Code)

If a product is defective or not as promised, a consumer typically may demand:

Repair (within a reasonable time, at no cost)
Replacement with a new unit
Refund of the purchase price
Price reduction if consumer keeps the item
Rescission of sale for substantial breach
Damages if consumer suffered loss/injury

The choice may depend on the nature of defect and feasibility, but the consumer’s preference carries weight, especially for major defects.

B. Remedies for Deceptive/Unfair Sales Acts

If the seller misrepresented goods (e.g., “authentic,” “FDA approved,” “brand new”):

Demand refund/replacement
File administrative complaint with DTI/FDA
Seek civil damages for fraud or bad faith
Criminal prosecution if conduct qualifies (e.g., large-scale fraud)

C. Product Liability for Injury or Property Damage

If substandard goods cause harm:

Seller/manufacturer can be liable for medical costs, repair costs, lost income, moral damages, and sometimes exemplary damages.
Proof focuses on defect, causation, and damage.

D. Right to Cancel / Return in Online Transactions

Online sales generally imply stronger return expectations, especially when:

Product differs materially from listing
Defective upon arrival (DOA)
Not delivered within agreed period
Unauthorized substitutions
Hidden charges/terms

“No return, no exchange” notices do not defeat mandatory legal warranties.

IX. How to Enforce Your Rights: Step-by-Step

Step 1: Document Everything

Because social-media sales are chat-based, evidence is crucial:

Screenshots of listing, live selling claims, price, and terms
Chat logs showing agreement and promises
Proof of payment (GCash/bank transfer/COD receipt)
Delivery details (waybill, rider text, packaging)
Photos/videos of defect/unboxing
Medical/repair records if injury or damage

Electronic evidence is valid under RA 8792.

Step 2: Notify the Seller and Demand Remedy

Send a clear written demand by chat or email:

State defect or misrepresentation
Attach proof
Specify remedy sought (refund, replacement, repair)
Give a reasonable deadline

Polite but firm demands often resolve disputes fastest.

Step 3: Escalate to the Proper Government Agency

Depending on product type:

DTI – general consumer products and services
FDA/DOH – food, drugs, cosmetics, supplements, devices
DA/BFAR – agriculture/fishery goods Submit complaint online or in person.

DTI commonly handles social-media sales disputes unless a sector regulator is involved.

Step 4: Participate in Mediation/Conciliation

DTI typically calls parties to mediation:

If settlement: refund/replacement order is recorded.
If no settlement: case proceeds to adjudication.

Step 5: Administrative Adjudication or Civil Action

If unresolved:

DTI can issue compliance orders, fines, recalls, or cease-and-desist orders.
Consumers may also file a civil case for rescission and damages, especially for significant losses or injuries.

Step 6: Criminal Complaint (When Appropriate)

Possible if conduct is willful and serious, such as:

Large-scale fraudulent schemes
Sale of dangerous or banned products
Tampered medicines/food
Counterfeiting with deception

Administrative action and criminal/civil actions can proceed independently.

X. Jurisdiction and Venue Issues in Social-Media Sales

A. Where to File

Consumers normally file where:

They reside, or
The seller does business, or
The transaction occurred/delivery was made

Online sales complicate “place of transaction,” but enforcement agencies generally accommodate consumer residence for access to justice.

B. Identifying the Seller

A frequent problem is anonymous accounts. Useful strategies:

Courier records (sender name/number)
Payment account details
Platform reporting tools
DTI can compel disclosure in some cases

RA 11967 strengthens seller traceability obligations.

XI. Defenses Sellers Often Raise—and Why They Usually Fail

“No return/no refund policy.” Void against statutory warranties and consumer protections.
“As is where is, buyer beware.” Not a shield for hidden defects, safety violations, or deception.
“You caused the damage.” Seller must show misuse; consumers should keep unboxing proof.
“We’re just a reseller; blame the manufacturer.” The consumer can proceed against any entity in the supply chain; the seller can later seek reimbursement.
“It was a promo/freebie.” If still a consumer product causing harm or misleading marketing, liability can attach.

XII. Penalties and Regulatory Actions Against Sellers

Depending on the violation, authorities may impose:

Administrative fines
Product recalls
License/permit suspension
Cease-and-desist orders
Public warnings
Criminal penalties (fines/imprisonment) for serious or repeated offenses

For regulated goods (medicines, cosmetics, food), FDA violations can be severe, including seizure and prosecution.

XIII. Practical Tips for Consumers Buying on Social Media

Before buying:

Check if seller provides real name, address, and contact
Ask for clear specs, warranty terms, return policy
Prefer traceable payments and COD with inspection rights
Avoid sellers refusing receipts or basic info
Be wary of “too good to be true” prices on branded goods
Check for required markings (e.g., FDA notifications for cosmetics)

After receiving:

Video unboxing in one continuous take
Test product immediately
Report defects at once

These habits make claims easier to win.

XIV. Conclusion

Social-media commerce is not a legal vacuum. Under the Consumer Act, Civil Code sales warranties, E-Commerce Act, and the Internet Transactions Act, Filipino consumers have enforceable rights to safe, standard-compliant products and meaningful remedies when goods are substandard.

The essentials to remember:

Your rights exist even without a written warranty.
“No refund” policies don’t override the law.
Screenshots and chat logs are real evidence.
DTI and sector regulators can compel refunds, replacements, recalls, and penalties.

In short: if what you received is defective, unsafe, or not what was promised, the law is on your side—and you have both administrative and court-based paths to make that right real.