ABSTRACT
The essence of
any company in the market place is the satisfaction of the needs and wants of target
customers with appropriate goods and services at a profit. The research was
carried out to examine the relationship between consumer
protection and drug marketing in national agency for food and drug administered
and control [NAFDAC]. The objectives
of the study include (i) Ascertain
the relationship between consumers’ protection and drug marketing. (ii) To
examine the role played by the NAFDAC
is involved in ensuring safety in the drug
market. (iii) Evaluate the activities of NAFDAC in terms of sensitizing
and educating the consumers. The research adopted a descriptive
survey design and data were garnered using simple random sampling technique
with the aid of a well-structured questionnaire. The data collated were
presented on tables using 100 percentile. The two (2) hypotheses formulated
were tested with the use of Chi-Square analysis. The analysis resulted into
rejecting the 2 null hypotheses and accepting the alternate hypotheses reaching
decisions that relationship exists between consumer protection and drug
marketing in Nigeria and also, that activities of patent medicine dealers
affects the health safety of consumer of drugs. As regards findings of the research, it is pathetic to note that many
marketers in their pursuit of profit have not faithfully implemented the ideals
of marketing concepts. However, the laudable activities of National Agency for
Food, Drug, Administration & Control (NAFDAC) and the recent moves of the
Standard Organization of Nigeria will helped to positively change the attitude
of Nigerian marketers towards the Nigerian consumers. It was recommended 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.
Keywords: Consumer, Consumerism, NAFDAC
TABLE
OF CONTENTS
Pages
Title Page i
Certification ii
Dedication iii
Acknowledgement iv
Abstract v
Table of contents vi
CHAPTER ONE: INTRODUCTION
1.1
Background Of
Study 1
1.2
Statement of
Problem 3
1.3 Objectives of the
Study 4
1.4 Research Hypotheses 5
1.5
Significance of
Study 5
1.6 Scope and Limitation of Study
6
1.7
Definition of Terms 7
References 9
CHAPTER TWO: LITERATURE
REVIEW
2.0 Introduction 11
2.1 Historical Origin of Consumer Protection 11
2.2 Conceptual Framework
14
2.2.1 The Concept of Consumer and Consumer Protection 14
2.2.2 Marketing Concept on Consumer
21
2.2.3 The Nigerian Marketing
23
2.2.4 Consumerism and
Consumer Rights 25
2.2.5 Consumer
Protection Strategies 29
2.2.6 The
Relationship between Consumer Protection and Drug Marketing 30
2.2.7 Forms of Consumer Protection in Nigeria 33
2.2.8 Laws That Enhance Protection
34
2.3 Theoretical
Framework 37
2.4
Empirical Framework 39
2.5
Summary of Empirical Review 41
2.6 The Role of NAFDAC in Ensuring Consumer Protection 41
References 45
CHAPTER THREE: RESEARCH
METHODOLOGY
3.1
Research Design 49
3.2 Area of
the Study 49
3.3 Population
of the Study 49
3.4
Sample Size and Sampling Technique 50
3.5 Sources
of Data Collection 52
3.6 Validation
of Research Instruments 53
3.7 Method
of Data Analysis 53
CHAPTER FOUR: DATA
PRESENTATION AND ANALYSIS
4.1 Data Presentation 55
4.2 Test of Hypotheses 67
4.3 Major Findings 71
CHAPTER FIVE: SUMMARY
OF FIINDINGS, CONCLUSION AND RECOMMENDATIONS
5.1 Summary of Findings 74
5.2
Conclusion
74
5.3 Recommendations 75
References 77
APPENDIX 81
CHAPTER ONE
INTRODUCTION
1.3
Background Of Study
Consumers’ protection is phenomenal to marketing which is
unique for the growth of business and to the government at large. Consumer
protection is a general concept that involves protecting people from buying
things and services that are unsafe or fraudulent. Consumer protection is one
of the major social policies promoted by any modern state. Because of the
importance it represents for the contemporary economy, it is an independent
policy, with own objectives, priorities and tools.
It is a term that have various meaning depending on who is directly involved.
But to the consumers himself, it is an organized movement of consumers,
government and concerned citizens aimed at protecting them from practices that
infringe upon their rights. Generally, consumer protection is a pro-marketing,
spirited effort by manufactures, consumers and government to protect consumer
from the numerous exploitations arising from consumption of marketed goods and
services. The Nigerian consumers as a result of knowledge imbalance had
over the years suffered so much in the hands of drug marketing with whom they
were engaged in trade relationships in terms of supplying sub-standard goods
and services, fake and expired products.
The Protection of consumer is protecting the
interest of buyers of goods against defective, poor quality and dangerous
products. However, current discourse and strict application of the term now
associate consumer protection pejoratively with the tendency of people to
identify strongly with the products they consume with passion, especially goods
with commercial brand.
The
efficiency of marketing as a channel 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 to their own self-regulatory
codes, however, legislation should be kept at a level and only enacted as a
last resort providing successful, real consumers judgment 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 knowledge 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, we will be investigating the relationship between consumers’ 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).
Drug is important to the life people. A drug can be defined as “a
chemical agent that affects the function of living things”. Drugs are used in preventing treating and
diagnosing diseases.
The
relationship between consumer protection an drug marketing can 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.
There was
practically no real organized consumer movement as such to fight for the
protection of the rights of the consumers apart from a handful of groups
scattered around the country. This consequently placed the bulk of consumer
protection on a development common in developing countries where consumers’
projection is still low. (Kaynak, 2005) stated that since the government took
over, consumer protection had been a matter of government policy through
legislation and efficient enforcement than as a matter of engaged public
movement or support.
Sequel to the
above, the successive Federal Governments in Nigeria set up agencies such as
the National Agency for Food and Drug Administration and Control (NAFDAC), the
Standards Organization of Nigeria (SON), the National Drug Law Enforcement
Agency (NDLEA) and most recently the Consumer Protection Council of Nigeria
(CPC) and charged them with the responsibility to protect and safeguard the
rights of the consumers against the unwholesome practices of producers and
suppliers of goods and services in the country.
However, In order
to accomplish this study,the National Agency for Food and Drug Administration
and Control (NAFDAC) was used to checkmate the relationship between consumers’
protection and drug marketing in Nigeria.
1.4
Statement of Problem
Over the years in Nigeria, the rate at which business
activities are increasing especially the marketing of drugs is on the high
rate, knowing the expectation of a Nigeria business men, they are only
concerned about making fast or quick profit, not minding the quality of their
products and wellbeing of their consumers. These consumers are
subjected to various forms of drug marketing 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.
For an example is the case of a drug marketer selling chalk as Paracetamol or
Asprin, IPA as methylated spirit.
This problem of marketing of fake drug has affected
the credibility of the health care providers and ended the confidence of
consumers on our health care delivery system. It is the greatest evil of our
time and the highest weapon of terrorism against consumer protection and public
health as well as an act of economic sabotage. Marketing of fake drugs have
exerted very harmful relationship on consumers protection resulting from
illnesses, disabilities and even death, anyone can be a victim.
The rate of illiteracy in Nigeria is very high that
majority of consumers are virtually unknowledgeable and even when they know
about all these bad practices of marketers, finds it difficult or are not
opportune as to where or whom to voice out their complaints and feelings.
NAFDAC
and its official’s responsibilities for consumer protection seem not to monitor
adequately the activities of producers and dealers. All these resulted to the
massive exploitation suffered by consumers.
It is against this backdrop that this study seeks to study the
relationship between consumer protection and drug marketing in national agency
for food and drug administered and control (NAFDAC).
Therefore,
based on the stated problem, the researcher raised the following questions that
guided the study:
1.
What is the
relationship between consumers’ protection and drug marketing?
2. What role has been played by the NAFDAC as involved in ensuring safety in the drug
market?
3. To
what extent have the activities of NAFDAC in terms of sensitizing and educating
the consumers?
The
broad objective of this study was to examine the relationship between consumer
protection and drug marketing in national agency for food and drug administered
and control (NAFDAC). The specific objectives are to:
1) Ascertain
the relationship between consumers’ protection and drug marketing.
2) To examine the role
played by the NAFDAC is involved in
ensuring safety in the drug market.
3) Evaluate
the activities of NAFDAC in terms of sensitizing and educating the consumers.
1.4 Research Hypotheses
Within
the framework of the above objectives the following hypotheses have been put
forward:
Hypothesis One
Ho: Relationship does not exist between
consumer protection and drug marketing in Nigeria.
Hi: Relationship exists between consumer
protection and drug marketing in Nigeria.
Hypothesis Two
Ho: Activities of patent medicine dealers does
not affect the health safety of consumer of drugs.
Hi: Activities of the patent medicine dealers
affects the health safety of consumer of drugs.
1.6 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 and its agency 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.
The
assessment is made by the works of writers on consumer protection, Development
of Consumers Law and Policy Bold Spirit and Timorous 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 River State Ministry of Health Portharcourt).
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 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.
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.
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.
1.7
Definition of Terms
Consumer:
A consumer is any person who buys or uses goods and services. The moloney
committee on consumer protection regards a consumer as one who purchases goods
for private use or consumption.
For
purposes of this research the government or public authorities are excluded
though they do of course consume goods and services.
Consumerism:
Consumerism can be defined as an organised movement of citizens and government
to strengthen the rights and powers of buyers in relation to sellers.
NAFDAC:
This is an acronym for National Agency for Food and Drug Administration and
Control. It is a Public Agency set up by the Federal Government under Decree
No. 15 of 1993 to among other things "regulate and control the
importation, exportation, manufacture, advertisement, distribution, sale and
use of processed food, drugs, cosmetics, medical devices, bottled water and
chemicals, it is the focal point of this study.
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