Gastronomy Law

- There are deficiencies in the relations of subordination and command at the management levels that impair the management of the entire system created. - Consumer protection does not have a comprehensive and sufficient legal basis that makes it possible to exercise the guiding and control function on the recognition of the rights and duties of consumers and suppliers. - Lack of a norm of public order and social interest, enforceable throughout the country, which aims to promote and protect consumer rights, ensuring fairness and legal certainty in relations between supplier and consumer. - There is a dispersion of a great diversity of regulations issued by the central state administration agencies, which legislate in the interest of rights and duties, both for consumers and suppliers, which makes it difficult to understand, enforce and control them. - Lack of adequate systems in the producer, supplier and service provider entities for the satisfactory attention and solution in benefit of consumer rights, in the face of increasingly growing consumer complaints about problems in the commercialisation of goods and services’. After analysing the relevance or otherwise of a consumer protection law in Cuba, Ojeda Rodríguez concluded that: ‘...it is necessary to have a legal basis that makes it possible to establish a consumer protection system, with the recognition of: (a) consumer rights, their content and the way in which they are exercised; (b) a system for the control of unfair terms in contracts under general conditions; (c) rules on the interpretation and nullity of unfair terms contained therein; (d) liability of suppliers; (e) rules on advertising; f) rules on the agencies that manage the activity, the State’s policy monitoring coordinator, with their functions and competence; g) a regime of infringements and penalties with their procedures; and h) the structuring of a system of agile and expeditious dispute resolution, characterised by its free and easy accessibility. ’15 The analysis of consumer discipline in Cuba, if we are realistic, can leave us with a bitter taste when we realise that what has been done is not enough, as it is scattered and sometimes incoherent and incomplete. The effectiveness of the regulation, the internal coherence of the discipline and its congruence with the system as a whole are faithful gauges for determining the intensity of protection and the relevance of a given sector. But perhaps the scarce development of the field under study will allow us to take the best of the experience of other realities and adapt it to our circumstances, 15 Ídem., pp 272 y ss. 625 GREENWASHING, LABELLING AND CONSUMER PROTECTION

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