1. Suntharee T. Chaisumritchoke
Improve “Consumer Protection” with Buddhist Ethics: Necessity, Possibility and Challenge
Consumer Protection is a principle which was constructed during the period that the western world was changing into the new era called modernism. In the first time that Science and technology was discovered, it was believed to bring about happiness and convenient life to all people, however it brought about another way of living, the way that made life directly dependant on consumption through purchasing. This new way of life has changed ordinary people from ones who can produce and consume what they produce into consumers who consume what they do not produce but purchase. “Consumers” and “Producers” have become new groups of a society who have different roles and responsibilities relating to products. Indeed, the modern society is comprised of consumers, producers and regulators. The third one is more important for the consumers are often taken advantages by the producers. Consumer problems arisen as the products the consumers buy may be faked or low quality products or good quality products but too expensive. Therefore, the regulators are then essential in order to make fair balance of benefits between the consumers and producers. Law and regulation is applied as one of the best means to help or protect the consumers. In addition, consumer education and information will contribute to transform ordinary consumers to be the wise ones. Consumer rights are invented to be the best method to refer the legitimate power of consumers to protect their rights. In brief, the origin of consumer protection came from the western philosophy on how the public sector should take care of consumers, from any exploitation of the bad producers. This model of consumer protection has became a popular model of countries in order to improve the situations of consumer protection especially in the area of health care and drug use; however it could say this systemic model pay little attention on human potential. It actually lacks of some understandings on human nature. It does not know how to manage greedy from inside, for example. When the Greed of each is not properly managed, the problems of consumers would not be reduced. The consumers are not real protected. That is why we must develop another approach of consumer protection in order to change the quality of minds of all involved. This course is focused only on the Buddhist principles as an approach concerning on mind development for protection.
Suntharee T. Chaisumritchoke

2. Objectives
To explain the key concept of protection in the Buddhist approach
To apply the Buddhist concepts to be another model for health and drug consumer protection
To compare the Buddhist model with an existing consumer protection model
This course will focus on three objectives. Firstly, it will explain the key concept of protection in the Buddhist approach. Then the Buddhist concepts will be applied as the new model to show what is protected and how it is protected. The last objective is to compare the new Buddhist model with an existing consumer protection model.

3. Rationale
Thai Consumer Protection on Health and Drug is based on a western model,
When I say consumer protection you may think of these things :
Consumer rights
Legal enforcement
Consumer education
Health care experts
Consumers
Producers
Regulators
Like other developing countries, Thailand has adopted the western model of the consumer protection in order to protect Thai consumers, especially in the area of consumer protection.
When the term of “Consumer Protection” is used in health care and drug system, what components of the model you may think of as the most important ones, law and regulations on consumer protection, consumer rights, consumer education, health care experts, regulators.
Are these components of consumer protection implemented in our system?
Nowadays there are nearly all components of consumer protection implemented in Thailand.
However, the problems of health consumers are not over, but the amount is likely to be increased.
Most experts believe that all failures would come from an inefficiency to enforce the law and regulation as it should be and the little number of health care experts to educate the consumers. They believe that consumer education is the right answer. If we can educate consumers the consumers would get good protection. The consumer right is another means on consumer protection. The more the consumers exercise their rights they would get more protected.

4. Problems remaining:
Thai consumers have faced substandard, unsafe, expensive pharmaceuticals and health care products,
Why our control system is not adequate to prevent health consumers from these risky products.
It is more interesting when unsafe drug was often found even in the USA and Europe, Vioxx , for an example.
This slide shows that even though the consumer protection model has been implemented in Thailand for several decades, Thai consumers have faced with risky products, i.e. substandard, unsafe and expensive pharmaceuticals and health care products. Why our control system is not adequate to prevent health consumers from these risky products. It is more interesting when unsafe drug was often found even in the USA and Europe, Vioxx , for an example. Is it possible wrong with their control system? What is the real cause of failures of the consumer protection of the world? Is it possible that the model of consumer protection is not the right one?

5. A Basic Consumer Protection Model
Consumers
Producers
Regulators
interest Group
Legal Enforcement
Consumer right
This model may be called a basic consumer protection model. According to the model, there are at least two basic groups of people in a society, consumers and producers. Both of them are interest groups, coming together in a society to take maximize their benefits. They will negotiate on what products and what is the amount of products they want and they will be satisfied at the point that they both get the most. Thus this model helps both of them to attain the full and final satisfaction. The model would contribute to bring the most happiness to both producers and consumers. However, if they could not make any settlement, the regulators or the new group emerged in the modern society will come to manage their interests fairly, especially when the power of consumers is less than the producers. The instrumental tools to increase the consumers’ power is the consumer rights and meanwhile the legal enforcement would help to develop the proper practices of the producers.
This model seems to show the quite comprehensive one to serve the consumers. Why the problems of health consumers are not changed and the amount is not reduced? What is wrong with the existing model?

6. Risky Ads!
Counterfeit medicine is so harmful to death, called the FDA at 1556
With our concern from THAI FDA and sponsored by PFIZER
The US Drug Company who sell VIAGRA
This slide shows the drug companies have so powerful to manipulate consumers all over the world. The Advertisement and aggressive marketing may be the real cause of the world’s failures to protect the health consumers.
It was so strange that the position of the drug company that sell the Viagra was once placed as close as the Thai Food and Drug Administration in one Billboard on the express way in Bangkok.
What we need is to review all concepts involved with the consumer protection.
Announcing the 2nd Annual Bitter Pill Awards: Exposing Drug Company Manipulation of Consumers, April 26, 2006 at
Sign up to participate in the national teleconference announcing the awards

7. Consumer Protection Concepts
Next, we will examine all concepts involved with the consumer protection.

8. Consumer Protection Concepts
Organizations
Food and Drug Administration (FDA)
Department of Medical Sciences
Law and Regulation
Drug and Food law, Consumer protection law
The Consumer Rights and Patient Rights and …
The Principle of Biomedical Ethics
Autonomy, Beneficence or Do no harm, Justice
Now…Good Governance, Evidence base medicines, Conflict of Interest, etc…
It could say that the concepts of the consumer protection implemented in Thailand is not only comprehensive but also highly developed.
There are responsible organizations that take care of health consumer protection, the Food and drug administration and the department of medical sciences are the main organizations.
The food and drug law, including consumer protection law are the best regulators’ tools for consumer protection.
Moreover, the consumer rights and patients’ rights are also constructed as the another sets of consumers’ tools for consumer protection.
In addition, Thailand are ready to adopt any new concepts for consumer protection. For examples, the principle of Bioethical ethics, good governance, evidence base medicines, .. .But how much we understand the foundation thought of these concepts.

9. The Four Consumer Rights
Right to information
Right to choices
Right to safety
Right to be heard and redress
BUY PRODUCTS WISELY
IF YOU FIND ANY PROBLEMS, DO NOT WORRY, JUST…
BUY SERVICES FROM LAWERS WISELY
This slide shows an analysis of the four consumer rights. We all know that the first right is the right to information. The second one is the right to choices and the third one is quite important to the patients. It certifies the quality of medicines and other health care products. For the third one help consumers when there are any problems arisen. However all of the first three rights support us to buy products wisely. Moreover if we find any problems from the products, it suggests us to buy another services from the lawyers wisely. The consumer rights are constructed to promote any kinds of purchasing, including medicines. It never prevents us from unnecessary purchasing.

10. What Consumer Protection Model propose
Regulators
Consumer right
Legal Enforcement
Negotiation (but…equally ?)
Producers
Consumers
What is the basic thought of the consumer protection model? The way that this model is proposing to us is the nature of human beings. This western model believes that all human beings are competitors in a capitalist world which is the real world. All are self-interested, thus they will protect their own interests for their survival through negotiation.
Competition is often promoted as a natural phenomenon which is the fair method and this model implicitly accepts that only the strongest would be survived. Thus the roles of the public sector should be limited or lesser in order to preserve the fair system.
This model has no room for a co-operation between groups because all are interest groups.
However in the Buddhist perspectives, this model could not reflect all phenomena occurred in a real society. Furthermore, all could be survived and happily living together if the Buddhist compassion are applied to the principle of consumer protection. We will explore the Buddhist concept later.
We are all competitors in a capitalist world
EVERYONE IS SELF INTERESTED AND WILL PROTECT ONE’S INTEREST

11. What Consumer Protection Model propose
A Good Producer :
comply with law and regulations
quality assurance by scientific standard
An Active Consumer :
protect by their rights
More information
A Good Regulator :
responsibility for duty
competent with scientific & legal knowledge
A consumer protection model implies that the consumers would be happy if they could consume more and more…the happiness is based on consumerism.
What the consumer protection model tell us involve with the characteristics of good producers, active consumers and good regulators. It implicitly tells us a good producer is one who comply with the law and regulation constructed and the scientific standard could assure the best quality of the products. It promotes us to consume the products with good quality.
An active consumer means one who know how to protect his or her consumer right. A consumer has a role and responsibility to seek for more information on products they want to consume.
A good regulator is one who has responsibility on his or her duty. Moreover, he or she should be competent with scientific and legal knowledge in order to help the consumers to deal with the bad producers.
This model implies that the consumers would be happy if they could consume more and more products with the good quality and cheaper prices. This kind of happiness is based on consumerism, the more you consume, the happier you are. This foundation of thought is not relevant to the Buddhist concepts of consumer protection.

12. Buddhist Concepts
Next we will learn more on basic concepts of Buddhism.

13. Buddhism and Health True Nature of Life: Birth Ageing Pain and Death
Medical knowledge and Technology, Medicines or Pharmaceutical products, Health Food could help us for what we desire, but it is just a period, not forever to overcome the true nature of life.
Unfortunately, we often misunderstand this concept. It becomes the starting point of delusion in several forms.
Do not distort this truth.
Firstly , we will examine the true nature of life.
As known, the Buddhism proposes the four basic characteristics of life, birth, ageing, pain and death, it is impossible to overcome this truth. Even the Medical knowledge and technology, medicines or pharmaceutical products, health food could help us to overcome these four basic characteristics of life as what we desire, but it is just a period of time, not forever for it is irrelevant the true nature of life.
Unfortunately, we often misunderstand this concept. Thus it becomes the starting point of self delusion in several forms. When the consumers are deceived by the producers, companies, or advertisements, the problems are aggravated.
Thus the consumers and all of us have to understand how our minds work, otherwise any effort put to solve the problems would be useless.
In other words, it is vital for all countries to protect their consumers who consume medical services and pharmaceutical products to understand the truth of life and manage things with the true understanding of this truth.
Do not distort this truth and let the producers, companies, or advertisements deceive the consumers.

14. Buddhist Concepts
The Three Universal Characteristics of Life/ Phenomena
Impermanence or Anicca , Conflict of contradiction or Dukkha, No-self or Anatta
The Four Noble Truth
Dukkha, cause of Dukkha, freedom from Dukkha and noble eightfold path for practice or middle way
The Noble Eightfold Path
According to the Buddhist basic principles, there are at least three important laws. The first one is the three universal characteristics of life or phenomena. These are impermanence or anicca , conflict of contradiction or dukkha and no-self or anatta. This law insists there is nothing permanent or living without sufferings, thus we should not live by increasing suffering to ourselves or others.
The second law is called the Four Noble Truth which reveal what is suffering or Dukkha, and what causes of Dukkha, and how is the cessation state of Dukkha, and the last one how to free ourselves from Dukkha .
The noble eightfold path for practice or middle way is the only way to attain the real happiness when the Dukkha is reduced.

15. The Noble Eightfold Path
Right understanding
Right thought
Right speech
Right action
Right livelihood
Right effort
Right mindfulness
Right concentration
Insight wisdom or “Panna”
Morality
or “Sila”
Mind Development
What is the Noble eightfold path? The Noble eightfold path is comprised of eight concepts. Each concept could lead to attain happiness in levels. If we practice the right understanding and right thought, we will get insight wisdom or panna which means an ability to understand everything as it is. This may interpret as the greed, anger and self deception could not interfere our perception. The right understanding and right thought would be occurred through practice and the easy way is to practice according to the Buddhist Sila. The Sila will help us to control our speech, action and even the way that we earn our livings simple and correct. In Buddhist way, due to the negative powerful of greed, anger and self deception, we need to practice on Samathi, it means we need to train ourselves to maintain efforts and concentration with mindfulness. There are some experts believe that the first practice is Sila , but others believe we need insight wisdom in some levels as the starting point. When we realize some of this truth as its is, we may realize to practice. It must note that the goal of practice is to change the quality of mind and it is not easy to attain. However, as soon as the practice is begun, the peaceful happiness would appear to the mind of practitioners.
Concentration or “Samadhi”

16. The Noble Eightfold Path
Right understanding
Right thought
Right speech
Right action
Right livelihood
Right effort
Right mindfulness
Right concentration
Concentration or “Samadhi”
Insight wisdom or “Panna”
Morality
or “Sila”
THREE LAYERS OF HAPPINESS
Indeed there are three layers of peaceful happiness would appear. The first layer is the happiness appeared when practice Sila. It is for a pride of what have done is the good thing and a realization that it could give benefits to others. The second layer is the happiness appeared when practices Samathi for the mind is trained not to be stirred by the powerful of greed, anger and self delusion. The third layer is the happiness appeared after true understandings of sufferings and peaceful happiness. This means that there are nothing to contaminate the mind, the mind is stable and if there are any problems arisen, the process of problem solving is carried out with less sufferings.

17. Three Levels Of Happiness
First level :
Happiness due to morality or “Sila”
Second level :
Happiness due to mindfulness or Sati and with Concentration or “Samadhi”
Third level :
Happiness due to insight wisdom or “Panna”

18. We are all Friends who have same fate of “Dhukkha”
A Buddhist Model
Regulators
Sila
Mindfulness and Panna
COMPASSION
Consumers
Producers
Thus, it is clearly seen that the Buddhist model would contribute to change the fundamental thought of consumer protection. The idea that all are competitors would replace by the notion that all are good friends who have the same fate or Dhukka from the natural world. We have to help each other to reduce Dhukka with giving compassion to others as much as possible. This kind of practices according to Sila, Samathi and Panna make us protect our selves and others simultaneously for our mind would be peaceful happiness even though facing with unavoidable sufferings for examples, pains or death.
What the Buddhist model propose for the consumers and regulators is to be friends and the regulators could apply the Buddhist principles by promoting mindfulness and panna to the consumers and meanwhile promote the producers with Sila. It must note this Buddhist model is not proposed to replace the existing consumer protection model at all for the greed, anger and delusion are very powerful.
We are all Friends who have same fate of “Dhukkha”
EVERYONE IS interconnected AND "By protecting oneself (e.g., morally), one protects others; by protecting others, one protects oneself."

19. A Buddhist Model Good Producers : comply with Morality or Sila
quality assurance by goodness and “Karma”
Active Consumers :
mind analysis
protect by mindfulness and “Panna”
Good Regulators :
competent with dharma knowledge, “Dhukkha” and how to manage “Dhukkha” in particular
responsibility to life
According to the Buddhist model, good producers are ones who comply with morality or Sila and their products are assured by their goodness and Karma. They will try their best. This is the difference between the potential of law and regulations and morality or Sila.
The active consumers are ones who do the mind analysis with mindfulness and panna due to their realization of powerful greed, anger and their self delusion.
The good regulators are competent with dharma, they know how to manage dhukka of themselves and other correctly for their responsibility is not bound with duty but their own lives which are interconnected with others. The peaceful happiness appears when all are not driven by greed, anger and self delusion.

20. Which model do you like, the existing or the Buddhist one ? WHY?
Conclusion
The existing model is based on how strong you are and how much you can take from the society for yourself.
The Buddhist model is based on how weak you and others are and how much you can do to help yourself and others.
If we try to get the summary of the difference between the two models we will see that the existing consumer protection model is based on how strong we are and how much we can take from the society or the world for our survival, it means we have to take all the time without the concept of “enough” and we will be happy, but we will realize at last this is not true.
The Buddhist model is base on how weak we and others are and that is why we need to help each other in order to survive together. The starting point can take place when we decide to understand the real meaning of “enough” then for the world is interconnected the others may learn to do the same thing later on. However, we will arrive at our happiness at the first second we follow the Buddhist principles.
So, which model do you like, the existing or the Buddhist one ? WHY?
Which model do you like, the existing or the Buddhist one ? WHY?

21. THANK YOU FOR YOUR ATTENTION AND COMMENTS