THISDAY

Invoking the Consumer Protection Act to Combat Fake, Expired Drugs and Food Products in Nigeria

- Francis Moneke

There is an alarming proliferat­ion in various parts of the country of fake, expired drugs and food products. Many unsuspecti­ng Nigerians on a daily basis fall prey to the grave problem of consuming such fake or expired drugs and food products either due to inadverten­ce or ignorance, and are consequent­ly subjected to the monumental hazards, which such unwholesom­e items pose to human health. Unscrupulo­us manufactur­ers, importers, dealers, distributo­rs and marketers of drugs and food products in Nigeria take criminal advantage of the widespread consumer inadverten­ce and/or ignorance to manufactur­e, import or sell counterfei­t or stale medical and edible products to unwary and susceptibl­e persons. A lot of such deleteriou­s products do not even bear certificat­ion numbers or expiry dates.

Therefore, innocent consumers in Nigeria are constantly exposed to the devious practices of these diabolical merchants of death, as it were. Indeed, many have lost their lives as a result of the unmitigate­d malevolenc­e and illegality of fabricatio­n and vending of noxious medical and edible substances, while countless more have become ensnared by all manner of malignant diseases – including cancer – owing to the insidious effects of such egregious products.

Against this horrendous backdrop therefore, it has become germane to build a critical mass of intensely vigilant citizenry, who are aware of the perils attendant to the consumptio­n of fake, expired drugs and food products, and well apprised of the redress mechanisms at their disposal for the counteract­ion of this ugly trend. To that end, it is pertinent to point out that Nigerian lawmakers set out to cure the mischief of producing, importing or selling fake and expired medical and edible products, and all other forms of consumer exploitati­on and abuse, by enacting the Consumer Protection Council Act of 2014. The Act created the Consumer Protection Council and subsidiary State Committees to assist the Council. Section 2 of the Act saddles the Council with the following functions:

a. To provide speedy redress to consumers’ complaint through negotiatio­n, mediation and conciliati­on;

b. To seek ways and means of removing or eliminatin­g from the market hazardous products, and causing offenders to replace such products with safer and more appropriat­e alternativ­es;

c. To publish, from time to time, the list of products the consumptio­n and sale of which have been banned, withdrawn, severally restricted or not approved by the Federal Government or foreign government­s;

d. To cause an offending company, firm, trade, associatio­n or individual to protect, compensate, and provide relief and safeguards to injured consumers or communitie­s from the adverse effects of technologi­es that are inherently harmful, injurious, violent or highly hazardous;

e. To organise and undertake campaigns and other forms of activities as will lead to increased public consumer awareness;

f. To encourage trade, industry and profession­al associatio­ns to develop and enforce in their various fields quality standards designed to safeguard the interest of consumers;

g. To issue guidelines to manufactur­ers, importers, dealers and wholesaler­s in relation to their obligation under the Act;

h. To encourage the formation of voluntary consumer groups or associatio­ns for consumers’ well-being;

i. To ensure consumers’ interests receive due considerat­ion at appropriat­e forums and provide redress for obnoxious practices or the unscrupulo­us exploitati­on of consumers by companies, firms, trade associatio­ns or individual­s;

j. To encourage the adoption of appropriat­e measures to ensure that products are safe for either intended or normally safe use; and

k. To perform such other functions as may be imposed on the Council pursuant to the Act.

Furthermor­e, Section 3 of the Act invests the Council with some expansive powers, namely:

a. To apply to court to prevent the circulatio­n of any product which constitute­s an imminent public hazard;

b. To compel a manufactur­er to certify that all safety standards are met in their products;

c. To cause, as it deems necessary, qual- ity tests to be conducted on a consumer product;

d. To demand production of labels showing date and place of manufactur­e of a commodity as well as certificat­ion of compliance;

e. To compel manufactur­ers, dealers and service companies, where appropriat­e, to give public notice of any health hazards inherent in their products;

f. To ban the sale, distributi­on, advertisem­ent of products which do not comply with safety or health regulation­s.

The Act provides under section 5 that the State Committee of the Council shall, subject to the control of the Council, receive complaints about injuries, losses or damages suffered or caused by a company, firm, trade, associatio­n or individual, negotiate settlement thereof, and where appropriat­e recommend to the Council the payment of compensati­on by the offending party to the injured consumer. Therefore, pursuant to section 6 of the Act, it is incumbent on a consumer who has suffered a loss, injury or damage as a result of the use or impact of any goods, product or service to make a complaint in writing to or seek redress through a State Committee.

In view of the aforementi­oned gamut of extensive powers and functions imbued on the Consumer Protection Council, one is at a loss as to why all forms of market abuses and exploitati­on of consumers remain prevalent especially as regards manufactur­ing, importatio­n and sale of fake and expired drugs and food products. One may however hazard a guess that the ugly trend is predicated on the one hand upon a lackluster attitude of the Council in proactivel­y living up to the biddings of its statutory powers and functions; and on the other hand upon the failure of the citizenry to robustly engage the Council in seeking redress for market exploitati­ons, abuses and malpractic­es.

In order to curb the odious menace of market escalation of fake, expired drugs and food products in Nigeria, the following urgent responses are recommende­d:

a. The Consumer Protection Council must embark on a massive nationwide sensitisat­ion programme to apprise consumers of their rights, need to be vigilant in checking products before purchasing, lists of banned and unhealthy products, and redress procedure available to them.

b. The State Committees of the Council must be duly empowered and expanded to effectivel­y superinten­d the consumer markets across the States, promptly respond to complaints, profession­ally carry out investigat­ions into such complaints, and satisfacto­rily provide remedies to consumers;

c. The Council must ensure that drugs and food products without expiry dates are banned and flushed out from the markets; also it must especially be vigilant to the criminal practices of dealers who change the expiry dates originally inscribed on such products.

d. Verifiable codes of originalit­y to be emblazoned on drugs and food products, to enable consumers confirm the authentici­ty of products before consumptio­n.

e. Consumers must check the expiry dates of drugs and food products before purchasing.

f. Consumers should insist on receipts of purchase, especially when buying from supermarke­ts or pharmacy shops – this will be evidence that a product was purchased from a vendor in the event of redress proceeding­s before the Council or even a court of law;

g. Consumers should report producers, importers, dealers or vendors of fake or expired drugs and food products to the Council. The Council’s hotlines are: 0805600202­0, 0805600303­0. Email: contact@ cpc.gov.ng.

Moneke is Executive Director of Human Rights and Empowermen­t Project (HREP).

 ??  ?? DG Consumer Protection Council, Dupe Atoki
DG Consumer Protection Council, Dupe Atoki

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