Hello friends, last week I highlighted some provisions in the Federal Competition and Consumer Protection Act, 2018 (FCCPA) with emphases on the protection of consumer rights and duties of manufacturers, importers, distributors, suppliers which I termed noteworthy. Today, we will conclude these provisions also comparing them with what was obtainable under the repealed Consumer Protection Council Act, 1992 (CPA) just as we did last week.
Right to fair dealings – Section 124: A consumer shall not be subjected to coercion, physical force, undue influence or pressure, harassment or unfair tactics or any similar conduct in connection with marketing or supply or negotiation of agreement to supply goods or services. The highlighted conducts should also not be meted out on a consumer in demanding for or collecting payment for goods or services. A consumer who is physically or mentally challenged, illiterate, ignorant or unable to understand the language of an agreement should not be taken advantage of as a result of any of the stated limitations.
Right to safe, good quality goods – Section 131: Every consumer has a right to receive goods that meet such requirements as; reasonably suitable for the purposes for which they are generally intended; of good quality; free of defects; durable and usable; comply with applicable standards set by industry sector regulators.
The FCCPA also imposed some duties on manufacturers, importers, suppliers and distributors. The FCCPA defines a supplier as one who supplies goods and services to consumers. Manufacturers, importers and distributors were not specifically defined in the FCCPA. It would be right to say that the terms will be given their ordinary meanings.
The duties imposed on manufacturers, importers, suppliers and distributors are as follows:
Duty to label goods properly – Section 134: A manufacturer, importer or distributor has a duty to label or describe goods in a manner that will be easily traceable to it. It is noteworthy that this is not the duty of the supplier. A violation of this duty amounts to an offence punishable (in the case of a natural person) by imprisonment not exceeding three years or a fine not exceeding N10,000,000 or to both the fine and imprisonment. Where the manufacturer, importer or distributor is a body corporate, upon conviction, it shall be liable to a fine not exceeding 10% of its turnover in the preceding year. Its directors would also be liable to imprisonment not exceeding 3 years or a fine not exceeding N10,000,000 or to both the fine and imprisonment. Section 135(2) & (3).
Duty to withdraw hazardous goods from the market – Section 135: Manufacturers and distributors have a duty to notify the general public once becoming aware of any unforeseen hazard arising from the use of goods already placed in the market. They also have a duty to withdraw such goods from the market. A violation of this provision attracts the same consequences as highlighted above. Section 135(2) & (3).
Some other implied duties include duty to adequately display the price of goods and services to the consumer – Section 115, duty to disclose second hand, re-conditioned, re-built or re-made goods – Section 117, duty not to advertise in a manner that is misleading, erroneous, false, fraudulent or deceptive – Section 123.
The FCCPA no doubt has laudable provisions aimed at protecting the rights of consumers. Therefore, it is important that all stakeholders acquaint themselves with the various provisions as it concerns them. Businesses especially need to ensure that in their dealings with consumers, they don’t violate the provisions of the FCCPA as the prescribed penalties could have very significant impact on its finances.
ULOAKU EKWEGH
Ekwegh is a private legal practitioner with over 15 years legal experience in law firms and as in-house counsel. She is also a fellow of the Institute of Management Consultants.
Email: uloekwegh@yahoo.com
