The consumer protection council (CPC) is a body corporate which can sue and be sued in its corporate
name. unlike other other statutes which make indirect provisions on consumer protection, the
consumer protection council acts sets out to protect consumer against hazardous product.
The consumer protection council functions are:
a) provide speedy redress to consumers complaints through negotiations, mediation and
b) 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) publish from time to time, list of products whose consumption and sale have been
banned,withdrawn, severally restricted or not approved by the Federal Government or
d) cause an offending company, firm, trade, association or individual to protect,
compensate,provide relief and safeguards to injured consumers or communities from
adverse effects of technologies that are inherently harmful, injurious, violent or highly
e) organise and undertake campaigns and other forms of activities as will lead to increased
public consumer awareness;
f) encourage trade, industry and professional associations to develop and enforce in their
various fields quality standards designed to safeguard the interest of consumers;
g) issue guidelines to manufacturers, importers, dealers and wholesalers in relation to their
obligation under this Decree;
h) encourage the formation of voluntary consumer groups or associations for consumers well
i) ensure that consumers' interests receive due consideration at appropriate forum and to
provide redress to obnoxious practices or the unscrupulous exploitation of consumers by
companies,firms, trade association or individual;
j) encourage the adoption of appropriate measures to ensure that products are safe for either
intended or normally safe use; and
k) perform such other functions as may be imposed on the Council pursuant to this act.
In the exercise of its functions the council has the power to:
a. apply to court to prevent the circulation of any product which constitutes an imminent public
b. compel manufacturers to certfy that all safety standards ar met by their products;
c. cause as it deems necessary, quality tests to be conducted on consumer products;
d. demand production of label, showing date and place of manufacture of commodity as we as
certification of compliance;
e. compel a manufacturer, dealer and service company, where appropriate, to give public notice of
any health hazards inherent in their product;
f. ban the sale, distribution and advertisement of products which do not comply with safety or
STANDARDS ORGANISATION OF NIGERIA
The functions of organization as stipulated in section 3 of the decree establishing it include:
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1 To advise the federal government on the national policy on standards, standard
specifications and quality of control.
2 To designate, establish and approve standards in respect of meteorology materials,
commodities, structures and process for certification of products in commerce and industry
3 To provide the necessary measures for quality control of raw material and products in
conformity with standard specification.
The agency, SON, was formed for the sole purpose of protecting the consumers by ensuring that
products and services conform to certain specified standards. it stipulates quality, quantity, weights and
measures that must be conformed to by the manufacturers. Such products include cocoa, palm oil etc.
The decree as amended in 1976, stated that non- compliance with the decree attracts a penalty of
N1000 or one year imprisonment.
FOOD AND DRUGS ACT, 1974
The food and drugs act deals with the manufacture, sale and advertisement of food, drugs, cosmetics
and devices. Section 10(2).in defining the expression “article to which this act or regulations appy”
states among other things that it means any food, drug, cosmetic or device. These terms ar defined in
section 20. By this section food includes any article manufacturd, processed, packaged, sold or
advertised for use as food or drink for human consumption; chewing gum, and any ingredient that may
be mixed with food for any purpose whatsoever. The provisions of the decree are:
i It prohibits the sale of any article of food which has poisonous or harmful substances.
ii It prohibits the sale of foods or any drug which is adulterated.
iii It prohibits the sale of any article of food or drug or cosmetic which was manufactured,
prepared, processed or packaged, stored under unsanitary conditions.
iv prohibits the sale of any cosmetic which contain any substance which may cause injury
to the health of the user.
v prohibits misrepresentation of goods through labeling packaging or advertisement of
any food, drug, cosmetic or device in a falseful or misleading manner.
vi It stipulates that any standard that has been prescribed for any food, drug, cosmetics or
devices mustbe adhered to.
NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL (NAFDAC) ACT 1993
Like the food and drugs act, the national agency for food and drug administration and control act deals
with the importation, exportation, manufacture, advertisement, sales and distribution of food, drugs,
comestics and medical devices. But unlike the former, the NAFDAC Act extends to bottled water,
chemicals and detergent powder. The agency created by this act is a body corporate with perpetual
succession and may sue or be sued in its corporate name. Functions of the agency are:
a) Regulate and control the importation, exportation, manufacture, advertisement,
distribution, sale and use of food, drugs, cosmetics, medical devices, bottled water and
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b) Conduct appropriate tests and ensure compliance with standard specific standard
specifications designated and approved by the council for the effective control of the
quality of food, drugs, cosmetics, medica devices, bottled water, chemicals and their
raw materials as wel as their production process in factories and other establishement;
c) Undertake appropriate investigation into the production premises and raw materials for
food, drugs, cosmetics, medical devices, bottled water, chemicals and establish relevant
assurance systems including certification of the production sites and of regulated
d) Undertake inspection of imported food, drugs, cosmetics, medical devices, bottled
water, chemicals and establish relevant quality assurance systems, including
certification of the production sits and regulated products;
e) Compile standard specifications and guidelines for the production, importation,
exportation, sale and distribution of food, drugs, cosmetics, medical devices, bottled
water and chemicals;
f) Undertake the registration of food, drugs, cosmetics, medical devices, bottled water and
g) Control the exportation and issue quality certification of food, drugs, cosmetics, medical
devics, bottled water, and chemicals intended for export;
h) Establish and maintain relevant laboratories or other institutions in strategic areas of
Nigeria as may be necessary for the performance of its functions under the act;
i) Pronounce on the quality and safety of food, drugs, cosmetics, medical devices, bottled
water, and chemicas after appropriate analysis;
j) Undertake measures to ensure that the use of narcotic drugs and psychotropic
substances are limited to medical and scientific purposes;
k) Grant authorization for the import and export of nacrotic drugs and psychotropic
substances as well as other controlled substances;
l) Collaborate with the national drug law enforcement agency in measures to eradicate
drug abuse in Nigeria;
m) Advise federal, state and local governments, the private sector and other interested
bodies regarding the quality, safety and regulatory provisions on food, drugs, cosmetics,
medical devices, bottled water and chemicals;
n) Undertake and coordinate research programmes on the storage, adulteration,
distribution and rational use of food, drugs, cosmetics, medical devices, bottled water
o) Issue guidelines on, approve and monitor the advertisement of food, drugs, cosmetics,
medical devices, bottled water and chemicals;
p) Compile and publish relevant data resulting from the performance of the functions of
the agency under the act or from other sources;
q) Sponsor such national and international conferences as it may consider appropriate;
r) Liaise with relevant establishments within and outside Nigeria in pursuance of its
s) Determine the suitability or otherwise of medicines, drugs, food products, cosmetics,
medical devices or chemicals for human and animal use; and
t) Carry out such activities as are necessary or expedient for the performance of its
functions under the act.
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Servicom which is described as “service compact with all Nigeria”was introduced to Nigeria in the year
2004 by the federal government. Servicom is based on quality services designed around customers’
requirements. The scheme applies to al government establishments, including ministries, agencies,
parastatals and other government departments. The basic priciple of servicom charters are:
a) Quality services designed around customers requirements
b) Citizens entitlements in ways they can readily understand
c) Consideration for the needs and rights of all Nigerians to enjoy social and economic
d) Dedication to deliver services to which citizens are entitled, timely, fairly, honestly, effectively
Servicom ia a social contract between the federal government and people of Nigeria. Servicom gives the
right to demand good services. It tells the public what to expect how to expect it, and clear process of
grievance redress in case of service failure. Servicom maintains that a customer who is unsatisfied with
the standard of service, action or lack of action by any service provider has the right to complain.
TRADE MALPRACTICES (Miscellaneous offences) ACT, 1992
The trade malpractices, (miscellaneous offences) act deals with deceptive practices. By section 1(1)(a),
any person who labels, packages, sells, offers for sale or advertises any product in a manner that is false
or misleading or is likely to create a wrong impression as to its quality, character, brand name, value,
composition, merit or safety, commits an offence. Advertisement or invitation for subscription for
products that do not exist is also an offence. In addition, the act prohibits various practices relating to
weights and measures. Such practice include the use of false weighing or measuring instruments; refusal
to weigh a product intended for sale; alteration of instruments; delivery of a quantity less than
bargained for; and the use of instruments not stamped or marked as required by laws.
For the purpose of ensuring compliance with the provisions of the act, a special trade malpractices
investigation panel was established under the federal ministry of commerce. The panel is required to
submit its report on any complaint to the attorney- general of the federation. And if the latter is of
opinion that an offence has been or is being commited, he or such an offencer of the fedral ministry of
justice as he may authorize in that behalf may institute proceedings against the offender in the fedral
THE PHARMACISTS COUNCIL OF NIGRIA ACT, 1992 AND THE STATE PHARMACY LAWS
The pharmacist councils of Nigeria act deals with the control of the pharmacy profession. An
examination of this act is necessary as members of the profession play a very important role in the
manufacture, sale and distribution of drugs. Functions of the pharmacist council are:
a) Determining the standards of knowledge and skill to b attained by persons seeking to become
registered members of the pharmacy profession and reviewing those standards from time to
time as circumstances may require;
b) Securing, in accordance with the provisions of the act, the establishment and maintenance of
registers of persons’ entitled to practice as members of the profession and the publication, from
time to time, of lists of those person;
c) Reviewing and preparing, from time to time, a statement as to the code of conduct which the
council considers desirable for the practice of the pharmacy profession;
d) Regulating and controlling the practice of the profession in all its aspects and ramifications; and
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e) Performing such other functions as may be required of the council under the act.
PRICE INTELLIGENCE AGENCY (PIA)
The price intelligence agency was established by decree in 1976 as a research arm of the price control
board. Functions of price intelligence agency were to:
1. Engage in a continuous study, surveillance and interpretation of price movement and the
relationship to other developments in the national economy.
2. Ensure that manufacturers and importers in Nigeria publish regularly the agreed prices of
commodities and the list of distributors throughout the country including their location.
3. Ensure that prices are printed on each unit of goods as far as practicable and that such
prices are displayed at every shop.
4. To monitor and supervise retail price maintenance (RPM) arrangements.
5. Link Nigerian missions abroad in order to obtain on a regular and continuous basis, factory
prices of goods imported to Nigeria for the purpose of regulating the wholesale and retail
prices of the goods in Nigeria.
6. To aid the work of price control board.
7. To help government by providing better information for policy decisions affecting activities
in the industries.
RESALE PRICE MAINTENANCE
Resale price maintenance is the policy by which the manufactures of branded goods state and
enforce the price at which his product may be resold. Products in this category were sold at the same
price in all resale outlets. The resellers (distributors, retailers) are relieved by the supplier, of the
responsibilities of fixing appropriate prices for the product.
Resale price maintenance has the objectives of preventing inflation or excessive prices. Thus
maximum and minimum price have been specified in most agreements. Before the control board came
into existence in 1970, some products that were marketed were backed up by the price maintenance
Act of 1964, which allowed stipulation of maximum resale price. Some items covered by this act were
beer, stout, cigarette, tobacco leaf, mineral water, flours, soaps and detergents. The responsibilities of
RPM are to ensure that:
1. The manufactures/importers fix price for their product with the approval of price control
Board (PCB). All distributors and retailers under this agreement are appointees of the
manufacturers/importers and so are subject to disciplinary action.
2. Manufacturers’/importers’ prices are tagged on the products or prelisted on a list to be
conspicuously displayed by the distributors/retailers.
3. Any distributor who alters the price or who does not exhibits price is black listed by the
manufacturers or suppliers.
4. Consumers report price violators to the price control committee in each state.
Efforts are also made by various mass media/journalists to protect the consumer against abuses by
some unscrupulous businessmen. Various pages in newspapers and magazines in Nigeria have been
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devoted to consumer problems and education. Sometimes, some businessmen who were out in the act
of engaging in harmful business practices are made public by the mass media. Offenders of government
regulations on consumer protection are highly publicized by the mass media/journalists.
Manufacturer is a producer of goods; a factory, a person, or organization that produces finished goods
from raw materials, especially on a large industrial scale. To avoid direct confrontation with the
governmnet/policies, the firms respond to consumerim by :
a. Installation of Suggestion Boxes: Some firms have installed suggestion boxes to their
premises to enable them get some feedback from the ultimate consumers.
b. Product use information: Labels now carry much more detailed information about firm’s
products. Product use information are provided freely to enable the purchaser use the
product to his advantage.
c. Changes in Board of Directors: Board of directors in some firm’s now make accommodation
for outside directors such as religious leaders and academicians who consider the society
when the Board takes decisions.
d. Use of Social Performance Disclosures or Social Audit: Here, efforts are made through
social performance audit, to find out from the society how they feel about the operations of
the organization. The result is used to correct any fault the society finds out from the firm.
Again firms now consider the society when dealing with such issues as industrial waste.
Some firms treat air and water pollutants to make them less effective.
e. Establishment of Customer Complaint Unit: Firms now establish customer complaint unit
where aggrieved customers cases are treated.
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