The mechanism to protect consumers from harmful, mislabelled or incorrectly labelled cannabis products will be the Consumer Protection Act no.68 of 2008 (CPA), which under Section 5, applies to “…every transaction occurring within the Republic …”, unless specifically exempted. Cannabis will not be exempted.
This was relayed via Department of Trade, Industry and Competition Minister Parks Tau in a written response to Parliamentary Question (Q6437) submitted by the DA’s Toby Chance (and received by Cannabiz Africa mid-December 2025).
Chance wanted to know:
“Given the documented risks of mislabelled, contaminated and unsafe cannabis products circulating in the unregulated market of the Republic, what immediate steps has he taken to ensure that the Consumer Protection Act, Act 68 of 2008, is amended by mid-2026 to include specific provisions regarding
(a) labelling of cannabis products,
(b) potency verification,
(c) safety testing and
(d) recall mechanisms,
in alignment with the constitutional right to safe and fair trade practices under section 22 of the Constitution of the Republic of South Africa,1996?
Tau’s response was that:
The Consumer Protection Act no.68 of 2008 (CPA), in terms of Section 5(1), applies to “…every transaction occurring within the Republic …”, unless specifically exempted in terms of Section 5(2). Therefore, (a),(b)&(c)
In terms of the CPA, a trade description is defined as follows:
(a) any description, statement or other direct or indirect indication, other than a trade mark, as to—
(i) the number, quantity, measure, weight or gauge of any goods;
(ii) the name of the producer or producer of any goods;
(iii) the ingredients of which any goods consist, or material of which any goods are made;
(iv) the place or country of origin of any goods;
(v) the mode of manufacturing or producing any goods; or
(vi) any goods being the subject of any patent, privilege or copyright; or
(b) any figure, work or mark, other than a trade mark, that, according to the custom of the trade, is commonly understood to be an indication of any matter contemplated in paragraph (a).
Section 55 of the CPA requires that goods supplied or marketed to consumers in South Africa must be reasonably suitable for the purposes for which they are generally intended.
In particular, Section 55(2)(b) and (d) of the CPA provides every consumer with the right to receive goods that “are of good quality, in good working order and free of any defects” and comply with any applicable standards set under the Standards Act (now Act 8 of 2008) or any other public regulation.
In order to invoke Section 55 of the CPA, the relevant portfolio departments should prescribe applicable standards for cannabis, which would be the reference standard to determine the quality of the products.
Section 58 of the CPA also makes it obligatory to place warnings on packaging of goods relating to inherent product hazards.
From an enforcement point of view, Section 85 of the CPA establishes the NCC and Section 99 at (c), (d) and (e) thereof tasks the NCC with enforcing and carrying out the functions assigned to it in terms of the said legislation. These functions include:
• Monitoring the consumer market to ensure that prohibited conduct and offences are prevented, or detected and prosecuted;
• Investigating and evaluating alleged prohibited conduct and offences; and
• Issuing and enforcing compliance notices.
It is important for suppliers to comply with applicable standards, as failure to do so may contravene Section 55 of the CPA. The NCC has not identified cannabis as a priority area for enforcement in this financial year.
(d) Section 60 of the CPA, read with Product Safety Guidelines issued by the NCC in 2011, regulates product recalls. These guidelines provide suppliers with detailed steps to conduct effective recalls.
Section 60 of the CPA applies where there is a product failure, that is, a product not performing in the intended manner or to the intended effect, or defect, that is, a material imperfection in the manufacture of a product affecting its usefulness, practicality or the safety of its users, or a hazard.
This provision can be triggered in instances where suppliers are supplying unsafe cannabis products into the market.
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