Consumer Rights Abused By Fake Claims: Time For Federal Competition And Consumer Protection Commission; NAFDAC To Wake Up, Says HURIWA

Gentlemen of the media, in today’s interface we are urging you to sensitise the Federal Government’s agencies responsible for the protection of the Rights of Nigerian Consumers to wake up from slumber and save Nigerians from abuses and violations of the legal and constitutionally protected Rights especially in the face of what looks like a deluge of KAYANMATA, and many other unverified and unscientific products that are sold both online and in the traditional market places in which citizens are deceived into believing in the efficacious effects of those products to enhance their sexual lifestyle.

HURIWA is worried that the seemingly growing global demand for sex-related products and increasing awareness of sexual wellness are spurring a boom in the global sex industry Amid rising demand for lingerie, contraceptives, condoms, lubricants, sex toys, etc., Business insider predicts the global sex market will grow by nearly 7% each year up till 2021.

HURIWA shares same observation with a certain writer who wrote that despite its conservative culture and proclivity to avoid sexual matters, Nigeria’s sex industry is evolving just as fast. Also this writer says that the sexual wellness market is dominated by condoms, pills and sex toys, but there is a significant niche that exists outside these, a world of herbs and spices that serve as sexual enhancers. Enter Kayan Mata, a local aphrodisiac. Source: stearsng.com   8 may 2018.
HURIWA is calling on relevant regulatory agencies to wake up from slumber and protect vulnerable Nigerians from products such as sexual enhancers from being duped especially if these products are yet to be authenticated and accredited. Agencies such as the Federal Competition and Consumer Rights Commission formerly identified as the CONSUMER PROTECTION COUNCIL and NAFDAC are the two leading regulatory authorities that ought to stop deceptive advertisements of sexual wellness and enhancement products that have flooded the airwaves and online/social media and wreaking domestic havoc and destabilising marriages and relationships. The Federal Competition and Consumer Rights Commission say their mandates are as follows-:
What We Do
The Commission in fulfilment of its statutory mandate deploys several regulatory tools to monitor and modify behaviour of service providers and manufacturers. Some key areas of operation include complaint resolution, surveillance and enforcement, consumer education, as well as research and strategy.

Complaint Resolution
Using different mechanisms, the Commission resolves complaints that are filed with it. Usually, consumer grievances and dissatisfaction are filed with the Commission as “Complaints”. The Commission receives these complaints in diverse ways including online, in person, in writing, and multiple social media platforms. Most complaints are resolved using one or more of our resolution tools, such as direct engagement, negotiations, mediation, conciliation, investigations, administrative hearings and collaboration with other regulators. Investigations and hearings usually occur when a market intervention becomes compelling, or conduct is egregious or indicative of a pattern or widespread infraction.
Surveillance & Enforcement
A vital tool of protecting consumers is market surveillance, and enforcement where violations occur. This component of our work is both random and targeted. Most targeted interventions are on account of intelligence gathered by, or provided to the Commission, including anonymous tips. Random interventions are a quality assurance mechanism. Some activities here are preventive and may lead to publishing Guidelines or Advisories on products in the market and restrictions on consumption or use.
Quality Assurance & Development
The satisfaction and safety of the Nigerian consumer are paramount. The Commission is committed to nationwide quality assessment of products and services, through inputs into national & international standards, sampling, analysis, investigation, process auditing, developing and issuance of Guidelines/Standard Operating Procedures (SOPs) in order to ensure that products, services and processes are of good quality, safe and meet consumers’ expectation, while giving value for money.
Consumer Education
A fundamental factor in consumer protection is an educated consumer. As such, the Commission engages in routine and periodic consumer education to inform consumers of their rights, available enforcement mechanisms and how to use the processes. Another vital aspect of consumer education is to provide information about key market developments such as Advisories, warnings, recalls and similar interventions. The Commission conducts numerous specific and general awareness campaigns.
Research & Strategy
The Commission engages in domestic and global research on products and services, as well as changing or evolving market trends and consumer behaviour. The objectives are to:
Provide data base for organisational planning purposes on the concept of consumerism;
Develop strategies for interventions; and
Modify existing mechanisms to be more effective and/or efficient.
Research and strategy play a pivotal role in how the Commission accomplishes its mandate and allocates its limited resources.

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The mission of NAFDAC is to safeguard public health by ensuring that onlythe right quality drugs, food and other regulated products are manufactured,imported, distributed, advertised, sold and used in Nigeria.
These two slumbering governmental giant regularatory bodies set up to protect consumer rights should please wake up and work or be restructured and proactive hierarchies set up for these bodies. We have therefore decided to write through the media to one of the most reported sellers of the so called KAYANMATA.  The following is our letter-:

OPEN LETTER TO HAUWA SA’IDU MOHAMMED, ALSO KNOWN AS JARUMA TO WITHIN 72 HOURS GO TO THE MEDIA AND REPUDIATE THE ALLEGED EFFICACY OF HER LOCAL AFRODISIAC KNOWN AS ‘KAYANMATA’ OR SHOWCASE THE APPROVALS FROM REGULATORY AUTHORITY….

We, the Human Rights Writers Association of Nigeria (HURIWA); the leading civil rights advocacy group have observed with worries the controversies surrounding your business as a sex therapist and sales of local aphrodisiac called Kayanmata, which you claim are aimed at rescuing women from failed marriages.

Evidence available seems to suggest that you are allegedly preying on impressionable women and as such has allegedly built an empire on the gullibility of desperate women. Can you please contradict this allegation with empirical evidence and science based licenced from Nigerian Government.
Allegations are rise of the use of voodoo and ‘Juju’ dark magic alongside these products in order for your clients to successfully trap men and do their bidding after sexual encounters the male folk finds difficult to walk away from. If this are just mere allegations why then is there a popular belief that your products can help young girls catch rich sugar Daddies?

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You have also portrayed that your ‘Kayan Mata’ which literally means a woman’s property is said to enhance love and intimacy and even make women receive expensive gifts from men out of inducement – is this not tantamount to love scam and  false pretenses punishable in Nigeria, under Section 419 of the Criminal Code, which states:

“Any person who by any false pretense, and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a felony, and is liable to imprisonment for three years”?
More so, your clients are alleged to be ladies seeking to win the hearts of wealthy married men, thereby encouraging the act of Adultery. Adultery is a criminal offence under the Penal Code of Northern Nigeria. Section 387 and 388 stipulate imprisonment for two years, and/or with a fine for adultery.
Although, Adultery is not prosecuted under the Criminal Code, it provides for redress if a spouse can prove that adultery occurred. For instance, section 15(2)(b) of the Matrimonial Causes Act states that: “ The court hearing a petition for a decree of dissolution of a marriage shall hold the marriage to have broken down irretrievably if the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent”
Again, we are not aware of any approval from NAFDAC, as such selling of unlicensed and unauthorized love portion, which suspectedly did not undergo evaluation and/or approval by the National or Regional Regulatory Authority for the market in which they are marketed/distributed or used, subject to permitted conditions under national or regional regulation and legislation is a crime and punishable or are your products accredited?
Therefore, we are giving you 72 hours from the date of this publication to go to the media and repudiate the alleged efficacy of your products with an apology to the men and women you have allegedly induced with your alleged unlicensed and unauthorized love portions, which has infringed on their rights accordingly. Failure to do so, we may very likely take legal steps to force relevant Agencies of the Government to rise up and do their duty. UNLESS AND EXCEPT YOU SHOW PROOF THAT YOUR KANTA MATA IS CERTIFIED FIT FOR CONSUMPTION BY NAFDAC AND THE FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION.
Agencies such as the Federal Competition and Consumers Protection Commission  (FCCPC), established by law to protect citizens in the market place by preventing abuse, exploitation and any form of mistreatment or disregard with respect to consumers must be compelled by legal means to wake up.
In addition, the National Agency for Food and Drugs Administration and Control (NAFDAC), whose function as provided in the enabling law that establishes it are to: Regulate and control the importation, exportation, manufacture, advertisement, distribution, sale and use of food, drugs, cosmetics, medical devices, bottled water, Chemicals and detergents must be tasked to wake up and defend Nigerians.

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Comrade Emmanuel Onwubiko:
National Coordinator:
HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA).
FEBRUARY 9TH 2022.
MEDIA BRIEFING:

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