Pro Consumidor works with the Dominican Institute for Quality (INDOCAL, created by Law 166-12) to verify the conformity of products and services with weight, quality, and measurement standards. INDOCAL develops the national technical norms (NORDOM) on the basis of international standards and in harmonization with CROSQ, the CARICOM Regional Organisation for Standards and Quality, so that national norms track internationally accepted minimum quality requirements.

Pro Consumidor also collaborates with DIGEMAPS (the General Directorate of Medicines, Foods and Health Products of the Ministry of Public Health) in the regulation, control, auditing, and surveillance of medicines, sanitary products, food, beverages, cosmetics, personal hygiene products, and materials used in health services or in the diet.

II. Import of Food Products

To import any foodstuff, the importer must file a written application with the Ministry of Public Health. No product may be imported until the Ministry issues the sanitary registration, which operates as an import license for that specific product presentation. Customs will not release imported products that lack a valid sanitary registration, are past their expiration date, or carry labels that do not comply, including labels not in Spanish.

On labeling, the DR applies NORDOM 53 for pre-packaged food and NORDOM 407 for medicines, in line with international practice. Food products must be labeled clearly, completely, and accurately in Spanish. An imported item may arrive in its original packaging, but a permanent sticker label in Spanish must be affixed before marketing. Labeling requirements are enforced by the Ministry of Public Health and Pro Consumidor.

The sanitary registration is presentation-specific; a change in size, formula, or packaging requires a new registration, a detail that regularly delays product launches.

III. Consumer Claims

Under Law 358-05, protection of human health and safety is paramount. Goods and services must be supplied so that, consumed or used under normal or foreseeable conditions, they pose no danger, harm, or unexpected risk to consumers or users.

Consumer claims, an increasingly common enforcement tool in the DR, are typically based on alleged breaches of the protective provisions of Law 358-05.

The statute gives harmed consumers a range of remedies, including damages, penalties, and rescission of agreements. Contract terms are interpreted in the manner most favorable to the consumer.

Certain contract terms may be unenforceable against consumers, including waivers of implied statutory warranties, clauses requiring disputes to be submitted to arbitration, and clauses purporting to bar a consumer from filing suit.

IV. Registration of Adhesion Contracts, Foreign Professionals and Sales Promotions

An adhesion contract is a document drafted by a supplier of goods or services whose provisions the consumer cannot negotiate if it wishes to acquire the product or service.

To prevent abusive clauses, Law 358-05 makes registration of adhesion contracts before Pro Consumidor’s registry mandatory. Any adhesion contract used with Dominican consumers should therefore be registered.

Registration is also mandatory for foreign professionals carrying out activities in the DR related to their profession. Finally, any sales promotion must be registered with Pro Consumidor before reaching the public, including all conditions and rules applicable to the promotion.

Unregistered adhesion contracts expose the supplier to fines and to clauses being disregarded in a dispute; registration is inexpensive relative to that risk.

V. Product Liability

Any business involved in the design, manufacture, distribution, or sale of products is a potential defendant in a product liability claim. In the DR, claims rest on contractual liability or on fault-based (tort) liability under the Civil Code (Arts. 1382–1384), often on both, overlaid by the strict protective standards of Law 358-05.

Because no contractual relationship usually exists between the manufacturer and the ultimate purchaser or user, many claims are tort-based. In substance, the claimant must show a defect or a breach of the standard of care, damage, and a causal link between them; the presence of a defect can support an inference of fault in the manufacturing process.

Where a product is not defective but is or can be dangerous, liability may rest on failure to provide adequate warnings about its use or its risks. The duty to warn is continuing and may be triggered by information that becomes known after the product is on the market.

In assessing the standard of care, courts weigh the reasonableness of the defendant’s conduct against industry standards.

Importers and distributors should not assume the foreign manufacturer will absorb liability; under consumer rules, everyone in the marketing chain can be pursued, making indemnity clauses and insurance essential.

This publication is provided for informational purposes only and not as legal advice. Any transaction related to any of the described aspects shall require advice and be specifically consulted with the Firm in advance. © Arthur & Castillo. All Rights Reserved. Next