Skönhetsvård
-En tjänst som hamnar utanför konsumenttjänstlagen ?
AbstractThis essay is about what rights that a consumer has, after it?s been to a beauty-shop getting a treatment somewhere on her body. We were interested to see what kind of regulations that could be useful if a problem occurred after or during treatment. There are several risks with these treatments.The last decade these kinds of treatments have increased, due to people being vain and so aware about there looks. We started to investigate what type of rights the consumer generally has when it?s about a service. We realised that treatments on living species aren?t included in the Swedish regulation concerning consumer services (konsumenttjänstlagen). Therefore, we looked up the legislative history behind this law. We found out that the law should not include services on a human body.As we were working on with our essay we realised that there aren?t any cases that has been brought up in Swedish courts. We started therefore to investigate the laws around the security of products. This extended our interest and we started to search on other places, such as directions from supervising authorities in charge and responsible of products that were used during the treatments. This led us to the question: what kinds of products are accepted to use during the treatments? We found out that it was the businessman himself that were in charge of his products and his knowledge of the profession. The manufacture and importers are also responsible for there products. It was just a question of registration about the products to the Swedish pharmaceutical authority (läkemedelsverket) and that the products were accorded under the directive for cosmetics and hygienic products, (cosmetics directive) from 1976. The directive has been changed several of times and Sweden has a law called decree of cosmetics and hygienic products, which is totally based on the cosmetics directive.As we mentioned before there were no court cases about this subject, but we found cases at the Swedish national board for consumer complaints (ARN). These were interesting in this matter and proved the thought that there was a problem. ARN make recommendations to businessmen when problems already have occurred for the consumer. In these cases they based there recommendation on the Swedish regulation concerning consumer services, even though this law should not be used for treatments on human beings. This confirms that there is a legal loophole, and that there is a need to reconsider the right of the consumer in this specific law.