ANALYSIS OF ENFORCEMENT OF LABELLING AND ADVERTISING REGULATIONS AS TOOLS FOR CONSUMER PROTECTION IN FOOD AND DRUGS IN NIGERIA.

The unequal position the consumer occupies vis-à-vis the producers of goods, particularly in the food and drugs category, has generally necessitated the active involvement and intervention of government through laws, regulations, standards and guidelines directed, although at both parties, but principally at the producer, to bring its practices and actions in conformity with acceptable norms; and in the event of deviation, to apply within the framework the copious provisions for enforcement of the laws, regulations and guidelines, to protect the consumer. This paper examined the roles played by the provisions of the laws and regulations on labelling and advertising in protecting the consumer and critically appraised the regulatory regimes for enforcing these laws and regulations in favour of the consumer. While there is a need to review and harmonise some of these laws and to enhance the effectiveness of the pecuniary and penal consequences for breaches by violators, the paper found that there is an abundance of laws and regulations in Nigeria's statute books. What became clear in considering all the legal and regulatory regimes for their enforcement is the effectiveness, or lack of it, of the regulatory institutions and legal regimes created by law in performing their functions to enforce these laws and regulations and in applying these tools in defence of the consumer. The paper recommends the review and harmonisation of the duplicative laws and regulations, as well as the custodial sentences, fines, and penalties, to ensure the consequences fit the infraction.