Thursday, October 20, 2011

CCPC seizes expired baby formula from Kamwala shop

CCPC seizes expired baby formula from Kamwala shop
By Ndinawe Simpelwe
Wed 19 Oct. 2011, 15:20 CAT

THE Competition and Consumer Protection Commission (CCPC) have seized
69 tins of expired S26 infant formula worth K2.2 million from a named
wholesaler in Kamwala trading centre.

CCPC public relations officer Vaida Bunda confirmed in a statement
that the products were seized on Thursday last week after a combined
team of Zambia Police, Intellectual Property Unit, the Public Health
Department of the Lusaka City Council and the CCPC pounced on the
wholesaler.

Bunda stated that the sale of expired products was prohibited under
section 45 (a) and (b) of the Competition and Consumer Protection
Commission which states that "a trading practice is unfair if it
misleads consumers or compromises the standard of honesty and good
faith which an enterprise can reasonably be expected to meet and
thereby distorts, or is likely to distort, the purchasing decisions of
consumers".

Bunda stated that the CCPC had in the past few months received
numerous complaints about the infant formula and would carry out
inspections to ensure that any baby milk or other food products unfit
for consumption were not sold to consumers.

She further stated that culprits found in breach of the law would be
fined and where necessary, products will be recalled from the market.

"The Commission is of the view that the sale of expired baby milk is a
serious matter which should not be taken lightly and hence after
consultations with relevant stakeholders and the manufacturers as well
as the conclusion of investigations, a product recall may be
considered," she stated.

"The commission would therefore like to urge parents to ensure that
when buying the S26 baby milk they check for the expiry dates as a
precautionary measure for any health implications on babies that might
arise from consumption of expired milk.

We have also been observed
that most traders still want to sell the baby formula even after it
has expired and will conceal the original expiry date by placing a
sticker on top of it with a new date of expiry. The consumer should
try and scratch off the sticker to determine if there is another date
of expiry below it."

Bunda stated that the commission would continue advising the public on
what to look for on a genuine tin of S26 infant formula as it
investigated more on the matter and urged the public to report any
such matter.

The Commission has also noted that all the complaints received were
Lusaka-based and urged consumers with similar complaints from other
provinces to report to CCPC.

And Bunda has stated that 10 per cent of 300 shops that were inspected
were still displaying disclaimers in their shops despite the
prohibition by the CCPC to do so.

Bunda stated that traders that would be found with "no refund, no
return" disclaimers in their trading premises would be fined up to a
maximum of 10 per cent of their annual turnover as provided for in the
law.


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Friday, November 05, 2010

(LUSAKATIMES) ZCC bans ‘no return, no refund’ displays

ZCC bans ‘no return, no refund’ displays
Friday, November 5, 2010, 8:38

THE Zambia Competition Commission (ZCC) has said the new Competition and Consumer Protection Act (CCPC) makes it a punishable offence to display disclaimers such as ‘No Return, No Refund’ in trading places. The CCPC Act No .24 of 2010, which is yet to be operational, prohibits such disclaimers which consumers have complained about.

“Zambia is one of the countries that have a lot of defective products on its market and it has been unfair for traders to deny consumers refunds or exchange even for defective products,” she said.ZCC public relations officer, Vaida Bunda said Section 48 (1) of the Act states that “an owner or occupier of a shop or other trading premises shall not cause to be displayed any sign or notice that purports to disclaim any liability or deny any right that a consumer has under the Act or any other written law.”

In a statement in Lusaka yesterday, Ms Bunda said the commission had within the mandate of the current Act been unable to prevent traders from displaying such disclaimers even where the goods sold were of questionable quality as the law was reactive.

“Zambia is one of the countries that have a lot of defective products on its market and it has been unfair for traders to deny consumers refunds or exchange even for defective products,” she said.

The new law, she said, was more proactive and would make it easier for the commission to handle cases of defective products because traders would be expressly prohibited to display the disclaimers.

The CCPA also makes it a punishable offence to display such disclaimers. The Act states that the person who or an enterprise which contravenes subsection (1) was liable to pay the commission a fine not exceeding 10 per cent of that person’s or enterprise’s annual turnover.

[Times of Zambia]


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