Regulatory Agencies Collaborate to Combat Counterfeit and Hazardous Goods

The Federal Competition and Consumer Protection Commission and the National Agency for Food and Drug Administration and Control have signed a Memorandum of Understanding to bridge regulatory gaps and bolster enforcement against unsafe products and unfair market practices, with the agreement expected to enhance collaboration in areas such as product safety and consumer protection.

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The agreement, signed in Abuja on Wednesday, introduces a structured system for information exchange between the two regulators, aimed at eliminating delays that often hinder investigations and enforcement, and is expected to deepen collaboration between the agencies.

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Tunji Bello, the Executive Vice Chairman of the Federal Competition and Consumer Protection Commission, stated that the pact marks a deliberate step towards coordinated regulation in Nigeria’s consumer market, particularly in areas where product safety and consumer protection overlap and require coordinated action.

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According to Bello, the mandates of the FCCPC and the National Agency for Food and Drug Administration and Control are clearly set out in law, although their functions increasingly overlap in practice, especially in dealing with substandard goods, unsafe pharmaceuticals, and misleading product claims.

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Bello explained that while the FCCPC focuses on protecting consumers from unfair market behavior and promoting competition, the National Agency for Food and Drug Administration and Control regulates the manufacture, importation, and distribution of food, drugs, and cosmetics, with a central concern for safety and quality.

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He acknowledged that the regulatory functions of both agencies increasingly overlap in practice, particularly in areas affecting both product safety and consumer rights, such as misleading product claims, substandard goods, and deceptive advertising.

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The newly signed Memorandum of Understanding provides a structured framework to address these overlaps, enabling more effective collaboration, clearer responsibilities, and improved regulatory outcomes, according to Bello.

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Bello stated that issues such as misleading product claims, substandard goods, and deceptive advertising raise questions that fall within both product safety and consumer protection, and that a formal Memorandum of Understanding provides a practical basis for cooperation between the two agencies.

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The MoU establishes a clearer and more workable framework for collaboration between the two institutions, and is expected to eliminate confusion for consumers and improve response time to complaints, according to Bello.

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Rather than leaving consumers to decide which agency to approach, complaints can now be received and reviewed in one place and then directed through clearly defined channels, making the system more efficient and responsive, Bello said.

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The agreement provides for data sharing, joint investigations, and coordinated enforcement actions, as well as capacity building through training and technical collaboration, with the ultimate goal of building trust in the market, according to Bello.

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Effective regulation is not just about enforcement, but also about building confidence, and when consumers trust that products are safe and their rights are protected, markets function more efficiently, Bello added.

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In a stern warning to violators, Bello said the collaboration would strengthen oversight and deter non-compliance, sending a clear message that enforcement will be stronger and more coordinated.

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Mojisola Adeyeye, the Director-General of NAFDAC, described the agreement as critical to protecting Nigerians from harmful products and ensuring that consumer rights are upheld, and emphasized that the partnership goes beyond documentation and must translate into action.

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Adeyeye recounted instances where the FCCPC responded swiftly to complaints she personally raised as a consumer, leading to immediate corrective actions by erring businesses, and praised the leadership of the FCCPC for its prompt response to consumer complaints.

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She emphasized that while NAFDAC ensures product safety and quality, the FCCPC plays a critical role in protecting the rights of consumers who use those products, and that consumers have the right to complain and expect action to be taken.

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The collaboration would strengthen enforcement tools, including sanctions against violators, while enhancing public awareness through coordinated communication, according to Adeyeye.

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Adeyeye noted that the MoU would ensure that Nigerians are protected, and that the agencies are watching the backs of consumers in terms of product quality, safety, and efficacy, as well as their rights to complain.

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The MoU is expected to streamline complaint handling, improve regulatory coordination, and ensure faster resolution of consumer issues, while creating a more predictable compliance environment for businesses, at a time when Nigeria is battling the proliferation of substandard products and fake drugs.

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Stakeholders say the success of the agreement will depend on sustained implementation and consistent enforcement, with the collaboration between the two agencies expected to have a significant impact on consumer protection and public health in Nigeria.