Consumer Protection And Drug Marketing In Nigeria

Consumer Protection And Drug Marketing In Nigeria
Abstract
This study was carried out to assess the extent to which consumers are protected in the drug market in Nigeria by ascertaining the involvement of government, drug manufacturers/dealers, and health expert, in ensuring that the market for drug is safe for consumers. The study consists of the analysis of various decrees enacted by the government with regards to the manufacture, sale, and dispensing of drugs. The scope of the study also extends to an enquiry into the disposition of distributors and methods adopted by manufacturers in order to ensure the availability of the right kind of drugs in the market and safe consumption.
Chapter One
Introduction
1.1 Background of Study
Consumer protection is more and more becoming a topical issue in this country. Consumers in Nigeria is constantly abused but had permanently remained unresponsive to various forms of trade malpractices distributed by sellers/producers.
The efficiency of marketing as a cannel of commitment to the consumer, as time goes on, it will depend largely on the extent it succeeds in enhancing the quality of consumers judgments, and in maintaining fair competitive conditions that allows customers to make free and informed choices between various alternative.
This will involve making available to consumers much more relevant product and serves information, for example, performance and safety in use, unit pricing and conditions of contract. It also means that business men, on their own part must accept that the maintenance of fair competitive market condition and safeguarding of consumers rights cannot be left entirely tot heir own self regulatory codes, however, legislation should be kept at a level and only enacted as a last resort providing successful, real consumers judgement in the market place, has to do with a determined effort to ensure that consumer understand their rights under existing law. This will involve extensive consumer education on the enacted legislation self-regulating codes of practice and adverse publicity for those who transgress such codes. This however, will not be enhanced by removing from consumer the necessity to make their own decision, or by imposing on the market condition which limits the freedom of a consumer choice or the means of developing their powers of judgments.
Based on this preview, we will be investigating the level of protection offered to use of drugs by government and manufacturers considering such law and ethics controlling and regulating the organization involved in drug marketing (drug dispensing and distribution). This is because of the importance of drugs to the life of the people. A drug can help or destroy a person’s life. It defined as “a chemical agent that affects the function of living things”. Drugs are used in preventing treating and diagnosing diseases.
The investigation also extend to how, in case of low level of protection, stronger protective measure could be endured in order have honest marketing practice in the drug industry and ensure healthy usage or consumption of drugs in the country.
In order, to accomplish this study, Juhel Pharmaceutical Company has been selected as a case organization.
Brief History of the Company
Juhel Company Limited has been in the manufacturing and distribution/sales of drugs in the country for the past eighteen years (18).
This company (Juhel Pharmaceutical) is located or has it’s head office at 35 Nkwubor Road Emene. The Director name is Chief Ifeanyi Okoye. This company also engage in other business activities example (Juhel Filling Station) Juhel Company activities cover the thirty six states of the federation.
Juhel specialized mainly on Septrin for children, Juhel paracetamol, Ampicllox, Vitamin C white and orange colour, Babimol paracetamol for children, Pastin extra for headache, pain relief and folic acid. The company uses the services of distributors, wholesalers and direct distribution by company’s sales force.
In guarding against adulteration of their drugs, the company quality control dept adopt measures such as manipulation of packaging material ranging from labeling to utilization of buster packs
1.2 Statement of Problem
Over the years, the Nigeria consumers has been subjected to various forms of trade malpractices by the producers/sellers. There have been instances where law quality, adulterated, inferior or even fake product are sold to consumers as genuine of real ones. Let us consider the following cases. “The case of trader selling chalk as Asprin, IPA as methylated spirit.
Drugs all over the country are categorized. Some are called over the counter (O.T.C) drugs, others are poisons which must not be obtained without prescription by an expert. The patent medicine dealers are licensed to sell only the (O.T.C) category. But many of them sell those in the poison category because according to them, that is where the profit is.
In view of these, the researcher is concerned with determining the safety of a citizen of the country in consumption or usage of drug.
1.3 Objectives of the Study
The objectives of this study are to:
- Ascertain how safe the drug market is for the users in the country.
- How much the government is involved in ensuring safety in the drug market.
- To probe into the activities of companies in the light of marketing concept.
- How the activities of patient medicine dealers affect the safety of consumer of drug
1.4 Testing of Hypothesis
Within the framework of the above objectives the following hypotheses have been put forward:
- Ho: The drug market is safe for consumer of drug in the country.
Hi: The drug market is safe for consumer of drug in the country. - Ho: Activities of the patent medicine dealers affect the safety of consumer of drugs.
Hi: Activities of patent medicine dealers do not affect the safety of consumers of drug.
1.5 Significance of Study
This study is of immense benefit to the manufacturers or producers of drug, seller, consumer of drugs, government and to the researcher as well.
- Firstly, producers will benefit from this study so as to improve upon and control their marketing strategies.
- Secondly, the sellers of drug will adopt better marketing methods to the needs and wants of their prospective consumers which will eventually enhance opportunity for realizing greater profit.
- Thirdly, the study will educate the consumers on their rights in the markets as stipulated in the laws.
- Again, it will help the government to know why the drug market is still infested with unscrupulous drug producers and dealers despite all their efforts to ensure safety.
- Finally, it will help the researcher to know the reason for un-safety in the drug market.
1.6 Scope and Limitation of Study
This study will consist of the analysis of various decree enacted by the government with regards to the manufacture, sale, and dispensing of drugs. Some of these decrees include the food and drug decree 1974, price control decree 1977. Pharmacists act 1965 and counterfeit and fake drug decree 1988. The analysis also extend to such law that relate to setting up of patent medicine shops, establishment of nursing profession and other laws deemed relevant to the study.
Assessment is made on the works of writers on consumer protection, like Development of Consumers Law and Policy Bold Spirit and Timerous Souls” by Bonie and Gordon. The different kind of consumer laws relevant tour study written by these authors are examined in the light of what is obtained in Nigeria. Also the assessment consists of the roles played by the health bodies in the country. In ensuring healthy production and consumption of drug like the Pharmaceutical Society of Nigeria (PSN). Nigeria Medical Association (NMA). National Agency for food and drug administration and control (NAFDAC) Federal Environmental Protection Agency (FEPA) Drugs Law Enforcement Agency (NDIEA) and Federal and State Ministries of Health (Represented by Abia State Ministry of Health Umuahia).
The scope also extends to an enquiry into the disposition of distributors in ensuring the safety of the consumers in the market and methods adopted by manufacturers in order to ensure the availability of the right kind of drugs in the market and safe consumption. This however, was limited to Juhel Pharmaceutical Company. (Nigeria Limited which is used as case study. This is because the company covers a larger area (nationwide) in the drug market. In enquiring into the activities of the drug dealers in the market, the scope of the study also extend to the activities of consumers in ensuring safety in the use of these drugs.
Some difficulties that limited the progress of the study start from the uncooperative attitude of some consumers who are unlettered and suspicious of the researcher as police CID personnel pretending to be student. Other factors that stood out as the limitation of the study include finance and time.
Finance
The researcher on this topic entails traveling every now and then and they were all financially demanding. As a student the researcher found it difficult to provide enough finance for the research.
Time
The time interval, within which the research work was expected coupled with the academic work facing the researcher as a final year student, restricted the consideration of some relevant issues.
Chapter Five
Summary of Finding, Conclusion and Recommendation
5.1 Summary of Finding
This study was carried out to enable us assess the extent to which consumers are protected in the drug market in Nigeria by ascertaining the involvement of government, drug manufacturers/dealers and health expert, in ensuring that the market for drug is safe for consumers.
The findings made could be summarized thus:
- That the government is quite keen about making the market safe for consumers. This is seen from the various law enacted by the government and the task forces established to enforce these laws and the setting up of the public complaint commission to handled issue concerning the public
- That in-spite of these laws, the drug market is still infested with unscrupulous drug manufacturers and dealers who pay little or no regard at all to the law. And also most of them are not acquainted with these laws and therefore seen not to know implementation is rather poor and not effective as should be and therefore, requires greater effort on the part of the government.
- That the consumers’ are not well acquainted with the existing laws and therefore incapable of taking adequate action in the event of default.
- The patent medicine dealers and mostly the drug hawkers pose the problems in drug market.
- Also that companies manufacturing and selling drugs have not fully and consciously integrated the marketing concept into the business activities and will compromise the consumer’s safety (by producing substandard drugs) in order to make profit. Furthermore, in situations where it appears that the marketing concept is being brought into play, they are found to be necessitated by the peculiar nature of the drugs and not as a result of any change in the business philosophy of the drug dealer/companies.
- The Nigeria Medical Association Pharmaceutical Society of Nigeria, etc. are doing a worth wide job to maintain and ensure consumers safety but cannot do much without the help of the government.
- Finally, the drug market cannot be said to be very safe for the consumers. It therefore needs the efforts of the government, manufacturers, and dealers on drugs and consumers to bring about it’s safety.
5.2 Recommendation
In recommending ways to help ensure adequate consumer protection in drug market. It seems nice to compliment the federal and state government on their recent action geared toward ensuring safety in the market. This include acquiring and installing drug testing equipment in the airports, seaports, boarders of the nation, and setting up of task force to check the activities of drug dealers. Our recommendations are in two parts. One parts major on consumers, however, the task of adopting and implementing these recommendation rest on the government without whom noting can work.
Concerning the health bodies, there is not much to say than to encourage them to continue upholding the ethics of their association and profession and from time to time undertakes studies to fund out ways to enhance consumers’ protection in the market.
Recommendations Part – One
This is on how to deal with drug dealers that are involved in the sale and dispensing of drugs which includes, pharmacists, doctors in practice, and government hospital and patent and proprietary medicine dealers. Such recommendations are as follows:
- Decree 21 of 1988 (Counterfeit and fake drug miscellaneous decree) bans to the possession of fake adulterated and banned drugs in the market. The sale of drugs and poison in buses, motor-parks, and in unduly license or registered place. Despite this, drug hawkers of different kinds are found contravening the stipulated laws. Our suggestion is that government should look closely into the activities of the task force setting to tackle offenders and amend decree 21 of 1988 to include the hawking of drugs in the bus as an offence, not only on the part of the hawkers, but also the bus driver and his conductor should be liable to stipulated fine or prison term, or both as may deemed appropriate by the government. This we hope will discourage the hawking of drugs in buses.
- The motor-part guards who ordinarily are not law enforcing agents, should be given authority to impound any person selling drug in form of hawking or in on open place with zinc wood in the park, whether registered or not. Such person should be taken to the police for appropriate action: The selling of drugs in batchers made with zinc and wood only will affect the original nature of the drugs in case of high temperature and storing weathers. If it is necessary that store be operated in the part for emergency purposes, a pharmacist should be mandated to set up one. This should not be left in the hands of a patent medicine dealer for he has little knowledge of drugs and is not allowed by law to treat and dispense drug to patients. Above all, he is not equipped for such. The pharmacist to be appointed should to be examined to ensure that he or she meets the requirements for the practice of pharmacy. Such pharmacists service should be contracted out, or under the employ of the ministry of health as may be convenient to government.
- The storage of drugs in open places without adequate shade from the sun or rain, by any person, whether registered or not, with the intention to sell or dispense to make profit from the proceeds and not for personal consumption, should be banned and such offender should be subjected to the penalty of paying fine and having his or her stock confiscated by the police.
This does not exclude the covering of drugs with sheets of papers of any kind, nylon sheets (water proof sheets or zinc or storage under trees etc.) - The pharmacies, patent medicine dealers and doctors operating private clinics or government hospital should be discouraged from buying drugs from unregistered drug distributors. This would be done by making it a law that these pharmacists, drug dealers, and doctors should keep record of their suppliers. This is for inspection purposes by the task force. Such receipts from the suppliers should show the supplier’s registration number, date of registration, and name of business with a seal of approval from the registrar of companies. If any of these receipt cannot be traced to the supplier than issued it, the pharmacist, dealers, and the doctors to make sure that their purchase are made from known and identifiable suppliers, so that in case of any error, such suppliers could be held responsible.
- There should be an inspection of the pharmacists, patent medicine dealers, hospital and clinics from time to time by the police which will involve the testing of the genuineness of the drug they have in stock.
- Finally the drug companies should make a study on, and consciously incorporate marketing concept in their programmes that will enhance consumer’s confidence in their drugs. All company’s planning and operations should be customer oriented. The customer should be the main focus of the operation. It is not how to use them. Advert messages should contain information on how to differentiate the original drug from fake and probable places the drugs could be purchased. Incase of allergic reactions resulting from the use of the drugs, the consumers should be informed on what to do.
Since some drugs take time, may be or four days to heal the sickness, such facts, should be communicate to the consumer through the advert, so that consumer would not just be delude into expecting immediate recovery after taking the drugs. This sets in frustration when the healing is prolonged and can result to services health damage. A channel of communication should be opened through which feedback on the reaction of consumers to their drugs and on other aspects of the company that affect them could be gotten.
Recommendation Part Two
These deals with how consumer could be helped to ensure effective consumer protection programme such recommendation are as follows:
- Since it has been found out that the existing laws have not done much to help the situation of consumer in the drug. The government should set up an ad-hoc committee that will study the nature of consumer needs and safety and enact an enforce law accordingly. This committee should be made up of person(s) knowledgeable in marketing and law. The marketing person(s) could be drawn from the company with vast marketing experience and/or from a university in the country running the course of marketing as a distinct programme. Also such person as a barrister at law, a medical practitioner and a pharmacist should include in this committee. They will carry out this study as it pertains specifically to what is obtainable in Nigeria and only make references to foreign countries that have consumer protection laws.
- The purpose of laws enacted to protect consumer is defeated if the consumers for whom it is made are unaware of it. To avoid that the government should formulate an education programme aimed at the consumer and his rights in the market. The programme should be run or the radio and television and published in the national dailies from time to time. Also, to enable those consumer who are uneducated to understand their rights as stipulated in the laws, the programme should be incorporated in the primary and secondary schools programme and as a public lecture in universities. For the primary schools, the programme should start from elementary five and in secondary school from class one, however, it should be simplified in such a way that pupils on each levels of education would understand it. The idea actually is for the students to know and also teach their parents and relations at home by this, many would have known about the laws and know that it expect from manufacturers and sellers.
- For the government to achieve the aim of eradicating drug faking in the country and ensure consumer safety, the consumers relationship with the police and the public complaints commissioner should be improved. It is not a surprising claim to make that very many people are unaware of the activities of the public complaints commission and therefore cannot make use of their service it’s expected that with the implementations of this education programme which would make people aware of the service and operation of the police together with the public complaints commission, the relationship of the public with these bodies will be improved.
5.2 Conclusion
From the finding of the study, one could see that the level of consumer protection in drug marketing in Nigeria is no impressive given the fact that the laws enacted to ensures the protection of consumers are not effectively enforced. The standard organization of Nigeria through a very important body is not effective in it’s operation.
Most, time, fake and substandard drugs would already be in the market before they are discovered and consumers would then be warned to be careful in their purchase of drugs. In view of the fact that the drugs expert cannot identify fake and substandard drugs by visuals inspections, these warnings should be seen as ridiculous. In addition, equipment for carrying our analytical tests were only few relative to the number of drug companies in the country.
Even so, these equipment were acquired by the government only a few months back, when pressure, mounted so much on them to seriously address the issue of fake drugs.
It is expected that this reluctance on part of the government to squarely address the safety of the drug market for Nigerian consumers should stop.
The recommendations made in this study are meant to help the government achieve a health drug market for all we hope those concerned would pay heed to this.


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