CONSUMER
PROTECTION AND DRUG MARKETING IN NIGERIA
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:
1)
Ascertain how safe the drug market
is for the users in the country.
2)
How much the government is involved
in ensuring safety in the drug market.
3)
To probe into the activities of
companies in the light of marketing concept.
4)
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.