ABSTRACT

The illicit sale of counterfeited products especially medication forms the backbone in the violation of consumer right at the international level. The United Nations Conference on Trade and Development in its guidelines has warn states to provide good health care services and regulation that can protect consumers rights. In Cameroon, we have various legal provisions, which punish those involved in selling counterfeited medication and the prevention of unlicensed pharmacies from going operational. As legal frameworks that are aimed at benefiting both consumers and the economy in general, it should be well regulated if adopted by a nation to attained it purposed. However, despite the availability of regulatory framework and institutions to protect consumers from roadside medication, enforcement still has a lacuna. This work set out to critically assess the extent to which the law in place effectively protects consumers from roadside medication. Adopting the qualitative research methodology with in-depth content analysis of primary and secondary sources of data as the method, the finding reveals that week enforcement of the legal framework in place, poor payment of the technical staff to carry out seizure and destruction of the illicit medication, bribery and corruption by the law enforcement officers are the major challenges in the fight against roadside medical vendors. This study recommends that strategic investment in technology, accreditation of licensed pharmacies, strengthening of legal and institutional frameworks and an appointment of study groups to steadily assess and disclose level at which consumers are affected by the unsafe medication supply by roadside medical vendors.

CHAPTER ONE

1.0 GENERAL INTRODUCTION

The protection of consumers from roadside medication in Cameroon is of utmost importance. It is essential to ensure that consumers of these medications are aware of the potential risks and side effects associated with them. In recent years, there has been a surge in the number of roadside vendors selling medications that are not regulated by the government. This has led to an increase in the use of these medications without appropriate medical supervision.

The Cameroonian government is aware of the dangers associated with the use of unregulated medication and has taken measures to protect its citizens. The Ministry of Public Health is implementing regulations that require all medications sold to the public to be registered and tested for efficacy and safety. The ministry has also developed a licensing system for all drug vendors to ensure that they meet the required standards for selling medication.

In addition to the efforts of the government, non-governmental organizations and other stakeholders are also playing a role in the protection of consumers of roadside medication. They carry out various awareness campaigns to educate the public about the dangers of using unregulated medication. They also provide training to drug vendors on the appropriate storage and dispensing of medications.

In a nutshell, the protection from consumers of roadside medication in Cameroon is crucial for the health and wellbeing of the citizens. The government, non-governmental organizations and other stakeholders should continue to work together to ensure that all medications sold to the public are registered, tested, and meet the required standards. At the same time, consumers should also be informed about the potential risks associated with the use of unregulated medication and encouraged to seek professional medical advice when necessary.

1.1BACKGROUND TO THE STUDY

The protection of consumers has been in constant evolution, tracing its development from the 19th Century till date; the process of consumer protection is very essential to many states around the world. As stated by President J.F Kennedy, “As consumers, we expect to receive products and services that meet our needs and are of good quality. We also expect to be treated fairly and to have the ability to make informed choices about what we buy and whom we do business with. However, many consumers still face unfair and deceptive practices from businesses that put their own profits ahead of their customers’ well-being. The time has come for the Federal Government to play a stronger role in protecting consumers. We must establish clear standards for businesses, enforce those standards rigorously, and provide consumers with the necessary information and education to make informed decisions”[1].

Before the mid-19th Century, consumers were not only protected but also had no right with regards to their interaction with producers[2], they had little grounds to defend themselves against faulty and defective products or services. Consumers elsewhere and Cameroon in particular continue to be manipulated in several respects such as through the proliferation of low-quality goods like the used banned pharmaceuticals from Western countries[3], some of which have either expired or do not have expired dates or the date are not visible due to rough handling.

Taking into account the interests and needs of consumers in all countries, particularly those in developing countries; recognizing that consumers often face imbalances in economic terms, educational levels and bargaining power; bearing in mind that consumers should have the right of access to non-hazardous products, as well as the right to promote a just, equitable and sustainable economic and social development and environmental protection, the United Nations (UN) drafted a legal framework to cater for consumers of goods[4]. The guidelines task all state authorities or Governments to develop or maintain adequate standards, provisions and appropriate regulatory systems for ensuring the quality and appropriate use of pharmaceuticals through integrated national drug policies which could address, inter alia, procurement, distribution, production, licensing arrangements, registration systems and the availability of reliable information on pharmaceuticals. By so doing, Governments should take special note of the work and recommendations of the World Health Organization (WHO) on pharmaceuticals. For relevant products, the use of that organization Certification Scheme on the Quality of Pharmaceutical Products Moving in International Commerce and other international information systems on pharmaceuticals should be encouraged. Measures should also be taken, as appropriate, to promote the use of international nonproprietary names (INNs) for drugs, drawing on the work done by the World Health Organization.

According to Ibrahim F[5].it is important protecting vulnerable consumers, such as those with limited financial resources or limited knowledge of their rights. By providing protections such as clear disclosure requirements[6] and prohibitions on misleading advertising, these consumers can make informed choices and avoid being taken advantage of. Similarly, Mylenko Nataliya[7], the World Bank Financial and Private Sector Development Consultative Group, to Assist the Poor, also argued that effective consumer protection policies can also promote competition, as businesses that engage in unfair or deceptive practices are held accountable. This can create a level playing field for businesses of all sizes and encourage innovation. The argument is clear, consumer protection policies can benefit both consumers and businesses, leading to increased economic growth and development.

Because of consumer vulnerability and consequent exploitation, several OHADA countries are enacting laws and setting up agencies geared towards protecting the interests of consumers[8]. Majority of these countries rely on Presidential decrees and Ministerial Orders rather than legislations passed to remedy the situation. The difference in scope is directly related to the partially different purpose of the two sets of principles.

Consumer protection in Africa has evolved[9] significantly over the years. In the past, there were very few laws and regulations in place to protect consumers, but today there are a variety of laws, policies, and institutions that are focused on consumer protection[10]. One of the key developments in consumer protection in Africa has been the establishment of consumer protection agencies[11]. These agencies are responsible for enforcing consumer protection laws and regulations, as well as investigating consumer complaints and taking legal action against companies that violate consumer rights. As earlier mentioned above, another important development has been the adoption of consumer protection laws. These laws set out minimum standards for product safety[12], quality, and labeling, as well as rules and guidelines for marketing practices and dispute resolution.

In addition to these developments, there has been a growing awareness of consumer protection issues among African consumers. Consumers are now more aware of their rights and are more likely to complain when they feel that their rights have been violated. This has put pressure on companies to improve their products and services and to be more responsive to consumer needs and concerns.

Over the years, Cameroon has made significant progress in terms of protecting its consumers. The country’s legal framework has undergone several changes aimed at providing better protection for consumers.

One of the key developments in this regard was the adoption of the Framework on consumer protection in Cameroon[13]. The framework is a comprehensive legislation that provides a range of rights and protection for consumers. It covers various aspects of consumer protection, including product safety, unfair commercial practices, and consumer redress mechanisms.

Another notable development in the evolution of consumer protection in Cameroon is the establishment of the National Consumer Council, placed under the minister in charge of consumption[14] . This council is an advisory body in charge of promoting the exchange of ideas between public authorities, consumers and employees’ organizations, fostering dialogue between persons defending consumer interests and delegates of employer’s organization on issues relating to consumer protection[15] . Additionally, the government has taken measures to strengthen the regulatory framework for consumer protection. For instance, the Ministry of Trade and Industry has set up a Consumer Protection Division responsible for monitoring and enforcing compliance with consumer protection laws. The division also provides support to consumers who wish to file complaints against businesses that violate consumer rights.

The Cameroon government made numerous attempts in protection of consumers of medication from those vendors practicing medicine without a license[16]; some of the legal frameworks include law no. 90/034 of 19th August 1990 on the practice and organization of Dental surgeon in Cameroon, law no. 80/7 of 14 July 1980 to establish the Medical Association. It is worthy of note that consumers of medications suffer heavily in the hands of unlicensed vendors especially roadside medical vendors. These vendors lack the necessary skills required to practice in the medical profession. This risk is then transferred to the consumer of medication who may lack education about his right to consuming the goods; one of the reasons behind this mal practice may be the fact that the existing law protecting consumers of medication is not effectively implemented especially in the rural areas. The outcome of medical Mal practice have recently increase death and slow down economic development in Cameroon.

1.2 STATEMENT OF THE PROBLEM

Medical constraints such as inflated hospital bills, inappropriate medical care, including corruption and bribery[17] have given strength to Illegal roadside medical vendors to sell medicines illegally, some of which are counterfeited, expired and some do not have the product description. The Cameroon Penal Code punishes[18] illegal sale of medicines, the 1990 law governing the practice and organisation of the Pharmacy Profession.[19] Many other laws including the above stated have been put in place to protect consumers from unlicensed roadside medical vendors practicing the medical profession without having a degree in medicine. The laws are there but their effectiveness is wanting due to the lack of an enforcement mechanism to combat the situation. 

1.3 RESEARCH QUESTIONS

1.3.1 Main Research Question

• To what extent does the law in place effectively protect consumers from roadside medical vendors?

1.3.2 Specific Research Questions

• What is the concept of consumer and roadside medication?
• What practical measures have been put in place to fight against roadside medication?
• What are the challenges faced by the Cameroon government in protecting the consumers from roadside medications?
• What are the policy recommendations that can be made to better protect consumers from roadside medication?

1.4 RESEARCH OBJECTIVES

1.4.1 Main Research Objective

• To assess the extent to which the law in place effectively protects consumers from roadside medication.

1.4.2 Specific Research Objectives

• To analyse the concept of consumer and roadside medications.
• To examine the practical measures put in place to fight against roadside medication.
• To discuss the challenges Faced by the Cameroon government in protecting consumers from roadside mediation.
• To provide policy recommendations that will facilitate the protection of consumers from roadside medication.

[1] The American Presidency project, President J.F Kennedy Special message to the Congress on protecting the consumers interest, made at the US Congress on March 15th, 1962.

[2] BOMA A.L, (2021) The Principle of Consumer Protection Law,  ULTRANET, Bafoussam.

[3]Ibid

[4] Part I of the United Nation Guideline for Consumer Protection 1986, as expounded in 1999, Department of economic and social affairs.

[5]World Bank Financial and Private Sector Development Consultative Group to Assist the poor.

[6]IBRAHIM v. AIU INSURANCE COMPANY (2013), Court of Appeals of Washington, Division 1. Firoz IBRAHIM, Appellant v. AIU INSURANCE COMPANY, a foreign Insurer, Respondent. No. 69554-1-1. Decided in November 2013. Available at caselaw.findlaw.com access on July 2024

[7] Consumers Protection Laws and Regulation in Deposit and Loan Services, a Cross-Country Analysis and a Data Set, January 2011

[8] Dr. Njieufack R. (PhD), Article 255 of the OHADA Uniform Act on General Commercial Law and Consumer Protection: the Need to Experiment, pp5

[9] African Dialogue on Consumer Protection, Consumers Legislation in Tanzania, The Gambian Competition and Consumer Protection Commission, UNCTAD webinar “key competition and consumer and consumer protection priorities for Regional integration in Africa.

[10] Guideline for consumer protection (1985), Model law for consumer protection in Africa (1996), United Nation Digital Library, available at Https:///digitallibrary.un.org>record

[11] Such as Gambia Competition and Consumer Protection Commission (GCCPC), African Consumer Protection Dialogue and ECOWAS  REGIONAL COMPETITION AUTHORITY (ERCA)

[12] The OHADA Uniform Act on General Commercial Law, Foundation for a Unified Business Law in Africa

[13] Law No. 2011/012 of 06 May 2011 Framework on Consumer Protection in Cameroon.

[14]opcit, section 25(1) pp9

[15]opcit, section 25(2) pp9

[16] Law No. 90-036 of 10th August 1990 relating to the organization and practice of medicine in Cameroon.

[17] Ms. Grace Mary NkafuTazanu, Dr. Njieufack Roland and Dr. AlvineLonglaBoma, Constraints to the Regulation of Medical Malpractice in Cameroon, Justice and Law Bulletin, 1(3), pp 26-44 (2022).

[18] Section 258(1) of law No. 2016/007 of 12 July 2016, Relating to the Cameroon Penal Code

[19]  Article 2(1) of Law No. 90-035 of August 10, 1990, governing the practice and organisation of pharmacy profession