If a product is on a shelf at a store with a damaged label (label information is correct but damaged due to shipment/stocking and is half legible). Do you think the store is responsible and should make an effort to ensure the label is fixed or is it the product's company responsibility? Or is it neither and the product should be okay to continue selling.
Although the damage may have been due to either party, ultimately it is the product company’s responsibility to fix the actual labeling as they are the manufacturers of the product, while the stores are the distributors. There is still some responsibility on store as they are the direct link between suppliers and customers; they are responsible for checking the labeling condition before putting it on the store floor, and reporting the issue to the supplier. Stores likely cannot resolve this issue independently. Fees may be covered by whichever party is responsible for the damage. There is shared responsibility between the two parties, with each having their own respective roles in the resolution.
In the particular case presented, the product with the half legible labeling cannot continue to be sold. This is due to various regulations that set labeling requirements that must be followed to allow sale of products in the U.S.. The labeling must be in compliance with labeling regulations to ensure safe and informed distribution to customers. Half-legible labeling most likely is not in compliance as half of the information deemed important by the manufacturer is missing.
Its on the responsibility for both the store and manufacturer in respect to when it was damaged. Leaving a company, the manufacturer should ensure that labels are present and in good condition, accounting for how they will be packaged as well. Assuming this consistent factor, and if it gets damaged during transport the store should do its diligence to not put the item on the shelf. If it does, then it is the store's responsibility because they chose to put a damaged product's label for purchase. Furthermore if the label gets damaged over time by little to no control by the store (degradation etc. of the label peeling off) then I would redirect my attention to the manufacturer on the type of labels they are putting as well as the location of such labels to where it would be actively degrading. Regardless of the fault, the product should not be sold with the labels damaged and if the eyes of both the retailer and manufacture fail to see that hopefully the customer will.
I'd like to add that it all depends on the traceability of this error. Is this product CONSTANTLY having a label error where the sticker with information is peeling/half-legible? Is it only one batch/material out of many received from multiple suppliers with this error? Is this the same supplier that is providing this product, but other suppliers that offer this product never have issues with labeling? Can we track the CONDITIONS of transportation that these parts are being shipped to the store in? This is definitely something the manufacturer should be informed about and cooperated with in order to prevent the error from occurring again. If you have a high stock of this material, replacing the product with one that has the correct readable label and removing the damaged one is very important (and is something the manufacturer should be aware of). From there, an investigation needs to be done on BOTH ends to determine the root cause of this error and how to address it. In the case of half legible labels, I would agree with jbh8 that if it is illegible to the point where we are not necessarily sure if the product is indeed what it should be, that could be very dangerous for the customer who is possibly purchasing it.
The responsibility of addressing a damaged label depends on several factors on how the damage occurred. For example, if the damage occurred during handling/shipment of the product then it would be the store’s responsibility to address the issue. However, if the damage occurred due to a defect in the product’s packaging/labeling when the product left the manufacturer’s facility, then it is the responsibility of the manufacturer to address the issue. On the other hand, products need to adhere to labeling regulations set by the government depending on the type of product and its use. If the damaged label results in the product not being compliant with the labeling regulations, then it is the responsibility of both the manufacturer and the store to address the issue. Additionally, if the damaged label results in liability concerns where it could cause harm to the consumer, then it is again the responsibility of both the manufacturer and the store to address the issue.
When it comes to products with damaged labels in retail settings, there are several facets to consider, including legal implications, business ethics, and overall presentation standards. From a legal standpoint, different regions and product categories often come with specific labeling mandates. For instance, items such as edibles, pharmaceuticals, and certain consumer goods might have strict labeling criteria. If a label's damage obscures crucial details like use-by dates or ingredient lists, the store could inadvertently violate these mandates, leading to potential legal challenges. On the business and ethical front, it's paramount for retailers to ensure that products are showcased in their best light. Imperfect labels can dissuade potential purchasers and cast doubts about the store's commitment to quality and product care. While there might not always be a legal obligation, addressing such concerns can be pivotal for upholding a store's reputation and customer confidence. Meanwhile, product producers, even though they might have limited oversight after distribution, are also invested in how their products are displayed. If a retailer habitually showcases items with compromised labels, the producer might step in, either by discussing the matter with the retailer or by rethinking their packaging durability. In many scenarios, retailers might choose to offer a reduced price for products with minor label damages or send them back to their suppliers. But, if the damage hampers essential details, it becomes crucial to either pull the product from the shelves or address the labeling concern. In essence, both the store and the product brand have a shared goal: ensuring that products are displayed to consumers in the best possible manner.
In the scenario of a damaged label on a product at a store, I believe that the responsibility for addressing the issue should involve both the store and the product's manufacturer. The main reason the store should be held responsible for the fixation of the label is because of the health/safety and experience of the consumer. Retailers have a duty to ensure that the products they sell meet labeling requirements, as they are the direct point of sale to consumers. Depending on the product's type, selling items with damaged or illegible labels could be seen as non-compliance with federal or local laws, especially if it's a regulated product. Furthermore, for items in which the label contains critical safety information, such as ingredients or warnings, the store should have to either fix the issue or remove the item from the shelf. Then, if this situation continues to happen they should contact the manufacturer for replacement labeling or clarification.
As for the manufacturer, they're responsible in ensuring that the product leaves the warehouse with proper labeling. However, once the product is in transit or in the retailer's hands, the manufacturer is typically not responsible for damages. The manufacturer might offer replacements or corrective action, but this is generally part of the store’s responsibility to address once they receive the goods. Therefore, when it comes to consumer safety and experience, the store should be proactive and ensure the issue is resolved, either by fixing the label through means of contacting the manufacturer or pulling the product from the shelf.
@dmf2 I respectfully disagree with the notion that the primary responsibility for addressing a damaged label should fall on the store. In my point of view, I believe that the manufacturer is 100% responsible for ensuring their product is properly labeled throughout the supply chain. This includes the responsibility for the product to have a label durable enough to withstand the reasonable rigors of transit and stocking. Label integrity is a large step of product design and quality control, especially for items in the medical device industry! I agree that the store serves as the final point of sale, however, expecting retail workers to actively monitor and fix damaged labels creates an unrealistic expectation. There are many responsibilities outside of label management that stores have to deal with and managing label quality would divert them from other core operations. The store's ultimate role is to facilitate sales, not act like a sector for product quality and control.
Again, the responsibility lies on the manufacturer to provide robust packaging and labeling that can withstand wear and tear during shipment. If the label is consistently being damaged, this reflects a flaw in the manufacturer's packaging and therefore they should take corrective actions to prevent this. Relying on stores to catch these issues is not a fair solution.
I do not agree that the label should fall onto the store, I would suggest maybe distributing a laminated label for all produce to put up in the store. This could be costly but would be beneficial to all that need the labels. I also believe there are numerous apps that scan the bar-code and can tell you what is in the item being purchased. If the bar-code is damaged, then one can look up the item and it should be on a database on the manufacturers website. If almost all labels are damaged in transport, then it may land on the manufacturer. Perhaps there should be a quality check of the packaging too.
I think if there is an issue with the packaging and the customer chooses to buy and use the product; it is on the customer because on the packaging it says not to use the product if there is any damage. So, it cannot be on the company if they covered their base by stating that customers should not be buying it. The store cannot get blamed because people will sometimes drop or damage the product and simply put it back so as to avoid paying the damage fee, which means the store did not know and there are usually a lot of products to take care so it can be difficult to notice. Most customers also notice that there is some type of damage and will actually ask to replace the item, so if a customer were to buy the product and not take note it is on them. This all depends on how severe the damage is because if the box is simply dented, the product itself is most likely still functioning as it should, but the aesthetics may not be there. Even if there is damage, it is not difficult to simply Google the label of a certain medication online which are easily accessible online on the company's site. If a customer did purchase a product that had a severely damaged label, they could check to find out what is the dosage or how to use the product.
To me, there is someone that should be held accountable and responsible for the product mishap. I would choose not to buy that product. I agree with what vbp098 said. Most customers would notice the damaged label and potentially ask an employee to replace it or have them look into it, or as I said before, they may not choose to buy the product. For instance, an over-the-counter product should have a clear and clean label to indicate the dosage of the medication and the direction on how to take it. Although, vbp098 said that one can look up the label of certain medication, I have to disagree that the product is still functioning as it should, even if the box is slightly damaged and not the product itself. With an unclear label, the customer would not know how much to take the product or how to utilize it. In over-the-counter terms, it should not be okay for the product to continue selling due to it being applied directly onto the customer’s skin or directly being injected. Yes, you can look up and check what the dosage is or how to use it, but I would advise against buying the damaged label product in the first place. From the FDA website, they require a standard label of important drug information for all over-the-counter drug products. “It is important to read the label of OTC medicines because they can be taken without seeing a doctor.” Each one of these labels include detailed usage and warning information, so consumers know how to correctly choose and use the products they need. They are also times where the manufacturers can make changes to their products. They would update the product labeling based on the different active ingredients, check it, and then ship it to local stores. Sometimes, this type of information is not updated on their websites, hence why it is essential to have clear, legible labels for these products for customers to use. Most of the time, there would be sign or a warning label if there are changes to the product when the customer buys it. They should still read it regardless even if they have been using that product for a long time.
I think the store should be responsible for checking that the products that they are receiving are in good condition for selling. Stores do not want to sell products that are damaged, major or minor. This is more on the shipment/stocking side. If certain items become less legible, I think the manufacturer should be let in on this. They should have knowledge that this is happening to a certain number of products being sold in store. The store or shipment should relay information about their product’s label being damaged during this process and to somehow fix this issue. The manufacturer should figure out a different way to do their labels so that this does not happen again as frequently in the future. They can somehow incorporate a stronger label or cover the label with something like clear tape that would not cause it to become ineligible during shipment or stocking.
I believe it is both the store’s and the manufacturer’s responsibility to ensure that products with damaged labels are not sold to customers. If the label becomes damaged after leaving the manufacturer, it falls on the store’s employees to notice the issue and remove the product from the shelves. Once removed, the store can contact the manufacturer or distributor for guidance on how to handle the item. At that point, the responsibility shifts to the manufacturer/distributor.
From my own experience as a retail store manager working directly with distributors, damaged or faulty products were always addressed in one of two ways. Either the product was returned for a replacement, or we were instructed to dispose of it and issued a full credit. This process is important because if manufacturers did not provide replacements or credits, stores might feel pressured to sell damaged items in order to avoid losing money.
I think that whether a product with a damaged label can still be sold depends on the type of item. For example, a houseware product with a torn label poses minimal risk, but an over the counter drug or other regulated item with a damaged label could compromise health and safety of the customer and should never be sold.