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LETTER | ISO standards and Lemon Laws to ensure quality, fairness

LETTER | Visualise this scenario. You've recently purchased a brand-new car in Malaysia, thrilled to explore the open road.

However, shortly after driving it off the dealership, you begin to encounter problems – peculiar engine sounds, malfunctioning brakes and frequent breakdowns.

Disheartened and feeling swindled, you're left questioning your options in this situation.

If you find that your newly purchased car is persistently malfunctioning despite several repair attempts, you're entitled to demand a replacement or refund from the manufacturer or seller.

While the Consumer Protection Act 1999 in Malaysia provides measures for consumer protection, the enforcement of Lemon Laws, designed to address issues with defective products like cars, may vary.

It is crucial for consumers to know their rights under this Act and seek legal advice if they encounter defective products, while advocating for stronger consumer protection laws like Lemon Laws to ensure better safeguards in the future.

Nevertheless, it's crucial to acknowledge that although certain new car owners, especially those associated with well-known brands, have achieved favourable outcomes in legal battles, pursuing such recourse might not be economically feasible for ordinary individuals who own locally manufactured or budget-friendly foreign brand cars.

Therefore, pushing for clearer and more comprehensive consumer protection laws, including specific provisions for defective products like Lemon Laws, could lead to better protection for all consumers in Malaysia down the line.

However, what about preventing such situations in the first place? That's where ISO standards come into play.

Better Quality, following ISO 9001, ensures that manufacturers maintain high-quality products, meaning consumers are more likely to get reliable cars.

Safer Vehicles - ISO 26262 focuses on safety features like brakes and airbags, making vehicles safer for consumers; Environmentally Friendly - ISO 14001 reduces environmental impact through waste management, benefiting consumers and the environment.

Worker Safety - ISO 45001 ensures safe working conditions, indirectly affecting product quality and consumer safety; Energy Efficiency - ISO 50001 leads to energy-efficient vehicles, saving consumers money on fuel and reducing environmental harm.

Overall, adhering to these standards, along with others in the industry means consumers get better quality, safer and more environmentally friendly vehicles, improving their overall experience and satisfaction.

Importance of Lemon Laws

This means fewer chances of you ending up with a lemon in the first place.

However, even with ISO standards in place, there can still be instances where cars have defects. Perhaps a certain batch of parts was faulty or there was a glitch in the manufacturing process.

In such cases, Lemon Law acts as a safety net for consumers. Take, for example, a consumer who purchased a new car in Malaysia and encountered persistent issues with the air conditioning system.

Is it justifiable that a car requires over 10 repairs within just six months, seeks resolution under the CPA Act, yet still exhibits problems even after final repairs?

This glaringly demonstrates the manufacturer and the law's inadequate support. Furthermore, the shortage of experts who genuinely comprehend cars and the consumer's dilemma with the defect worsens the issue.

Ultimately, the consumer bears the impact of the stress and time expended on repeated visits to the service centre.

Imagine also a scenario where a consumer buys a home appliance only to discover that it's constantly malfunctioning, despite repeated attempts to repair it.

Without Lemon Laws in place, consumers have limited recourse in such situations. They may find themselves stuck with a defective product, feeling frustrated and cheated out of their hard-earned money.

In Malaysia, the absence of specific Lemon Laws leaves consumers vulnerable to the risks associated with defective products.

It's time to recognise the importance of implementing Lemon Laws, not just for cars but for all consumer goods. The need for such legislation becomes apparent when considering scenarios where consumers encounter persistent issues with products they've purchased.

The introduction of Lemon Laws would hold manufacturers accountable for the quality of their products, irrespective of the industry.

Take, for instance, the case of a batch of defective parts used in electronic devices. With Lemon Laws in effect, manufacturers would be obligated to take responsibility for these defective parts, ensuring that consumers are not left grappling with subpar products.

Moreover, Lemon Laws would compel manufacturers to establish robust internal quality assurance and quality control mechanisms. This means implementing stringent measures to detect and address defects before products reach consumers.

By doing so, manufacturers not only uphold their commitment to delivering quality products but also minimise the occurrence of defects in the first place.

In advocating for the implementation of Lemon Laws in Malaysia, Standards Users is not just calling for consumer protection; we are advocating for fairness and accountability across the board.

Every consumer deserves the peace of mind that comes with knowing they are protected from defective products.

It is time for Malaysia to take this crucial step towards ensuring consumer rights are upheld and respected in every transaction.


Writer is the secretary-general of Malaysian Association of Standards Users.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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