Consumer Protection And Drug Marketing
(A Case Study Of Juhel Pharmaceutical Company Enugu)
Consumer protection in the context of drug marketing encompasses a spectrum of regulatory measures aimed at safeguarding consumers from deceptive practices, ensuring the safety and efficacy of pharmaceutical products, and promoting informed decision-making regarding healthcare choices. It involves a complex interplay of policies, regulations, and oversight mechanisms designed to uphold ethical standards within the pharmaceutical industry while prioritizing public health and well-being. Central to this framework are stringent guidelines governing the advertising, promotion, and labeling of drugs, which aim to prevent misleading claims, false advertising, and the dissemination of inaccurate information. Additionally, consumer protection initiatives strive to enhance transparency in drug marketing practices, empower consumers with access to reliable information about medication risks and benefits, and foster a culture of accountability among pharmaceutical manufacturers and marketers. Through regulatory frameworks, educational campaigns, and enforcement mechanisms, consumer protection efforts seek to mitigate potential harms associated with inappropriate drug marketing tactics and uphold the integrity of healthcare systems worldwide.
This project looks into the level to which consumers are protected in drug marketing in Nigeria.
This main objective that motivate this work is that concern to ascertain how safe the market for drugs is for the users of drugs. Considering the nature of drugs and it’s resultants effect on the users.
A variety of minor objectives exist and they include among others, the investigation on how much the government involved in ensuring safety in the drug market probing into the activities of drug companies in the light of marketing concept and determining how the activities of patent medicine dealers affect that safety of consumers of drugs.
Secondary and primary data were used for this study the main instruments employed in the collection of data are self administered questionnaire interviewed schedule and observation. The chi-square was used in testing hypothesis.
The major findings were that: Despite efforts by the government to ensure safety in the drug market is still infested with unscrupulous drug manufacturers. And dealers who pay little or no regard all to the law.
It was also found out that most of them are not acquainted with these laws. The consumers whom the laws are meant to protect are not well acquainted with the incapable of taking adequate action in the event of default.
Based on the findings, the following recommendations were made.
1) The government should work closely into the activities of the task force set up to tackle offenders and fake drugs miscellaneous decree) to include the hawking of drugs in the bus as an offence.
2) The motor park guards who ordinary are not laws enforcing agents should be given authority to impound any person selling drug in form of hawking or in an open place with the park.
3) Government should formulate an education programmed amend at the consumers and his right in the market.
4) Consumers’ relationship with the police and the public complaints commissioner should be improved for the government to achieve the aim of educating drug faking in the country.
5) Ti is also concluded in the hypothesis test of result that the drug market is not safe for consumer of drug in the country and the activities of patent and proprietary medicine dealers affects the consumers of drug.
In conclusion, the level of consumers’ protection in drug marketing is not impressive. A greater effort is needed on the part of the government to address the issue of consumers’ safety in the drug market.
Title Page
Approval Page
Dedication
Acknowledgement
Abstract
Table Of Contents
Chapter One:
1.0 Introduction
1.1 Background Of The Study
1.2 Statement Of Problems
1.3 Objectives Of The Study
1.4 Hypothesis Of The Study
1.5 Significance Of The Study
1.6 Definition Of Terms.
Chapter Two:
2.0 Literature Review
2.1 Historical Dimension/Origin Of Consumer Protection
2.2 Basic For Consumer Protection.
2.3 Marketing Concept On Consumer
2.4 The Nigerian Consumer
2.5 Consumers Protection In Nigeria
2.6 Some Forms Of Consumer Protection In Nigeria.
2.7 Some Laws That Enhance Consumer Protection
2.8 The Role Of Nafdac In Ensuring Customer Protection
Chapter Three:
3.0 Research Methodology
3.1 Source Of Data
3.2 Research Instruments Used.
3.3 Population Of The Study
3.4 Sampling Technique
3.5 Determination Of The Sample Size
3.6 Method Of Questionnaire Distribution
3.7 Method Of Data Analysis
3.8 Limitation Of The Study
Chapter Four:
4.0 Presentation, Analysis And Interpretation Of Data
4.1 Presentation And Analysis Of Data
4.2 Test Of Hypothesis
Chapter Five:
5.0 Summary Of Finding, Recommendation And Conclusion
5.1 Summary Of Finding
5.2 Recommendations
5.3 Conclusion.
Bibliography
Appendix
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 judgements, 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.
Consumer Protection And Drug Marketing:
Consumer protection in the context of drug marketing is a critical aspect of healthcare regulation. It involves ensuring that pharmaceutical companies, healthcare providers, and other stakeholders act responsibly and ethically to safeguard the interests and well-being of consumers. Here are some key aspects of consumer protection in drug marketing:
- Drug Safety and Efficacy: Regulatory agencies like the U.S. Food and Drug Administration (FDA) or the European Medicines Agency (EMA) play a central role in evaluating the safety and efficacy of drugs before they are approved for marketing. This is a fundamental step in protecting consumers from potentially harmful or ineffective drugs.
- Advertising and Promotion: Pharmaceutical companies must adhere to strict regulations regarding the advertising and promotion of their drugs. These regulations often require companies to provide accurate information about a drug’s benefits and risks, avoid false or misleading claims, and disclose side effects.
- Informed Consent: Healthcare providers have a responsibility to obtain informed consent from patients before prescribing medication. This means providing patients with information about the drug’s purpose, potential side effects, and alternative treatments, allowing them to make informed decisions about their healthcare.
- Generic Drugs: Consumer protection extends to generic drugs as well. Regulatory agencies ensure that generic drugs are bioequivalent to their brand-name counterparts, providing consumers with affordable alternatives while maintaining quality and safety standards.
- Counterfeit Drugs: Governments and regulatory agencies worldwide work to combat the production and distribution of counterfeit drugs. Counterfeit drugs can be ineffective, substandard, or even dangerous, and protecting consumers from such products is a priority.
- Price Transparency: Some countries have implemented policies aimed at increasing price transparency in the pharmaceutical industry. This helps consumers make informed decisions about their healthcare by knowing the cost of medications.
- Pharmacy Regulation: Pharmacies are regulated to ensure that they dispense medications accurately and provide counseling to patients. These regulations help prevent medication errors and ensure that consumers receive the correct drugs.
- Adverse Event Reporting: Pharmaceutical companies and healthcare providers are required to report adverse events related to drugs. This helps regulatory agencies monitor the safety of medications and take action if safety concerns arise.
- Patient Education: There is an increasing emphasis on patient education to empower consumers to take an active role in managing their health. This includes providing information about medications, their uses, potential side effects, and how to use them correctly.
- Legal Recourse: Consumers who experience harm due to unsafe or improperly marketed drugs may have legal avenues to seek compensation. Consumer protection laws and class-action lawsuits can hold pharmaceutical companies accountable for any wrongdoing.
Consumer protection in drug marketing is an ongoing effort that involves collaboration between governments, regulatory agencies, healthcare providers, pharmaceutical companies, and advocacy groups. The goal is to ensure that consumers have access to safe, effective, and affordable medications while being well-informed about their healthcare choices.