CONSUMER PROTECTION AND THE SAFETY OF DRUG MARKETING IN NIGERIA: A CASE STUDY OF JUHEL PHARMACEUTICAL COMPANY

Abstract:

This paper explores the critical issue of consumer protection in Nigeria’s pharmaceutical sector, with a specific focus on the safety of drug usage and the ethical marketing practices of pharmaceutical companies. Despite government regulations and statutory safeguards, Nigerian consumers frequently fall victim to unsafe drugs due to poor regulatory enforcement, unethical distribution, and weak awareness of consumer rights. The study investigates the role of producers, sellers, and regulatory bodies in ensuring drug safety, using Juhel Pharmaceutical Company as a case study. The research highlights systemic problems such as adulterated drugs, unregulated sales by patent medicine dealers, and ineffective enforcement of drug laws like the Food and Drug Decree (1974) and the Counterfeit and Fake Drugs Decree (1988). It analyses the protective roles played by regulatory bodies including NAFDAC, the Pharmaceutical Society of Nigeria, and the Ministry of Health. It also examines the impact of public awareness on consumer rights and how manufacturers ensure safety through quality control measures. Findings suggest that while some progress has been made, significant gaps remain in ensuring that only safe, approved drugs reach consumers. The study recommends stronger regulatory oversight, improved consumer education, and ethical marketing practices by pharmaceutical firms to protect public health and restore consumer confidence in the Nigerian drug market.

Keywords:

consumer protection, drug safety, pharmaceutical regulation, Juhel Nigeria, NAFDAC, fake drugs, marketing ethics, patent medicine dealers, Nigeria healthcare, consumer rights

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CHAPTER ONE: INTRODUCTION

1.1 Background of the Study

Consumer protection is increasingly becoming a critical concern in Nigeria. Despite facing various trade malpractices from sellers and producers, Nigerian consumers often remain unresponsive or unaware of their rights. Marketing efficiency, as a channel for business-to-consumer commitment, relies heavily on the extent to which it supports informed consumer decisions and fosters fair competition that enables consumers to choose freely among alternatives.

For this to be effective, consumers must have access to relevant product information, such as safety usage, unit pricing, and contract terms. While businesses are expected to self-regulate, the maintenance of fair competitive market conditions and the safeguarding of consumer rights cannot be left entirely to their discretion. When self-regulation fails, legislation becomes necessary—but should only be used as a last resort. Successful consumer protection hinges on extensive public education regarding consumer rights, legal provisions, and industry codes of practice. This effort should not reduce consumer decision-making freedom but instead develop their judgment.

In light of these concerns, this study investigates the level of protection offered to drug users by the government and manufacturers, considering laws and ethical standards that govern drug marketing, dispensing, and distribution. Drugs play a vital role in human health—they can either heal or harm. According to medical science, a drug is defined as “a chemical agent that affects the function of living organisms.” Drugs are used in the prevention, treatment, and diagnosis of diseases.

This research also explores ways to strengthen drug safety through honest marketing practices and regulatory controls. In order to achieve this, Juhel Pharmaceutical Company is chosen as a case study.

Brief History of the Case Study – Juhel Pharmaceutical Company

Juhel Pharmaceutical Nigeria Limited has been involved in drug manufacturing and distribution for over 18 years. Headquartered at 35 Nkwubor Road, Emene, Enugu, and directed by Chief Ifeanyi Okoye, the company also operates other ventures such as Juhel Filling Station. With nationwide coverage across Nigeria’s 36 states, Juhel specialises in a range of products, including:

• Septrin for children
• Juhel Paracetamol
• Ampiclox
• Vitamin C (white and orange variants)
• Babimol Paracetamol for children
• Pastin Extra (for headaches and pain relief)
• Folic Acid

The company utilises distributors, wholesalers, and its own sales force for product distribution. To prevent adulteration, the quality control department employs techniques such as advanced packaging and the use of tamper-proof blister packs.

1.2 Statement of the Problem

Over the years, Nigerian consumers have been exposed to unethical practices by drug producers and sellers. Inferior, adulterated, or counterfeit drugs are often sold as authentic products. For instance, there have been incidents where traders sold chalk as aspirin or IPA as methylated spirit.

Drugs in Nigeria are categorised into Over-the-Counter (OTC) and prescription-only drugs (poisons). Patent medicine dealers are only permitted to sell OTC drugs. However, many exceed their legal limits, dealing in restricted medicines for higher profits. This study, therefore, focuses on assessing the safety of drug consumption in Nigeria and examining the factors compromising that safety.

1.3 Objectives of the Study

The study aims to:

1. Ascertain how safe the Nigerian drug market is for consumers.
2. Evaluate the extent of government involvement in ensuring drug safety.
3. Investigate the marketing practices of pharmaceutical companies in light of ethical standards.
4. Examine how the activities of patent medicine dealers impact drug safety for consumers.

1.4 Hypotheses

The study is guided by the following hypotheses:

• Ho: The drug market in Nigeria is safe for consumers.
• Hi: The drug market in Nigeria is not safe for consumers.
• Ho: The activities of patent medicine dealers affect the safety of drug consumers.
• Hi: The activities of patent medicine dealers do not affect the safety of drug consumers.

1.5 Significance of the Study

This study is beneficial to several stakeholders:

• Manufacturers/Producers: To refine and improve their marketing and safety control strategies.
• Drug Sellers: To adopt better ethical standards and marketing practices for improved consumer trust and profitability.
• Consumers: To understand their rights as stipulated in existing consumer protection laws.
• Government: To evaluate why unsafe drugs continue to infiltrate the market despite regulatory efforts.
• Researchers: To provide insights into the factors contributing to poor drug safety and marketing practices.

1.6 Scope and Limitations of the Study

The study examines various legislative frameworks related to drug manufacture, sales, and dispensing in Nigeria. Key statutes include:

• Food and Drug Decree (1974)
• Price Control Decree (1977)
• Pharmacists Act (1965)
• Counterfeit and Fake Drugs Decree (1988)

Also explored are laws concerning patent medicine licensing, nursing practice, and other relevant regulations. Reference materials include works such as “Development of Consumer Law and Policy: Bold Spirit and Timorous Souls” by Bonie and Gordon.

The study also reviews the roles of institutions like:

• 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 (NDLEA)
• Federal and State Ministries of Health

The research focuses on Juhel Pharmaceutical Company, given its extensive market reach. It also considers the behaviour of drug distributors and consumer awareness regarding safe drug usage.

Limitations:

• Finance: Fieldwork and data collection required significant funds, which were constrained.
• Time: Balancing academic responsibilities with research deadlines restricted deeper exploration.
• Respondent Attitude: Some uneducated consumers were suspicious of the researcher, fearing law enforcement inquiry.

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