Regulation of Nanotechnology and Nano-Enabled Products: The Implications of the Consumer Protection Act 68 of 2008 in South Africa

Abstract

Scientific advancements in nanotechnology have made it a popular choice in the business fraternity particularly because of its versatility in numerous applications, including nanomedicines, food products and cosmetics. However, there are potential risks associated with its use and exposure, especially to employees and consumers. The purpose of this literature review was to examine the implications of the Consumer Protection Act (CPA) 68 of 2008 for nanotechnology and nano-enabled product (NEP) regulation in South Africa, particularly in the absence of regulations specifically relating to such technology and products. The objectives include an analysis of the consumer and manufacturer challenges and risks associated with the application of nanoparticles and nanomaterials, followed by an examination of the implications of the CPA for such application. The methodology entails an interdisciplinary research approach from an applied legal perspective with reference to literature and relevant legislative provisions.  The evidence available on the challenges associated with NMs and NEPs suggests that such material and products are not without risks and potential hazards for the consumer. The CPA creates both obligations for business and rights for consumers. However, more conclusive scientific evidence is required to understand these issues and adequately protect the consumer through explicit legislation and regulations.