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NAFDAC seeks stiffer penalties for counterfeiters without option of fine

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The National Agency for Food and Drug Administration and Control (NAFDAC) has called for a review of the nation’s law on counterfeiting in order to address the issue.

NAFDAC Director General, Prof Mojisola Adeyeye, who said this in a statement issued on Tuesday by the agency’s Resident Media Consultant, Sayo Akintola, noted that the support of the lawmakers for the review of the extant law for stiff penalties without an option of fine for the offenders was crucial, given the audacious stance of perpetrators in the illicit trade, seemingly undeterred by existing penalties.

Adeyeye also vowed that NAFDAC will remain resolute in its commitment to rid the nation of the menace of counterfeit drugs and unwholesome products.

This is as the agency affirmed that threats to the lives of its officers as well as the recent negative press concerning the activities of fake drug manufacturers and sellers of substandard food and beverages are not enough to discourage its efforts to ensure the safety of drugs and food consumed by Nigerians.

Ripples Nigeria reports that Section 3 (1) (a) of the Counterfieing and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, 2004 states that ‘Any person who commits an offence under (a) Section 1 of this Act, is liable on conviction to a fine not exceeding N500,000 or imprisonment for a term of not less than five years or more than fifteen years or to both such fine and imprisonment’.

P6Section 3 (2) states ‘Where an offence under section 1 or 2 of this Act has been committed by a body corporate, every person who at the time of the commission of the offence was a proprietor, director, general manager, secretary or other similar officer, servant or agent of the body corporate (or a person purporting to act in any such capacity), he, as well as the body corporate, shall be deemed tobe guilty of the offence and may be proceeded against and punished accordingly’.

Though her proposed penalties were not disclosed, Adeyeye however asserted that stiffer penalties, without an option of a fine, would discourage perpetrators from engaging in such illicit trades.

According to her, the recent exposure of a cartel involved in the production of fake wines and soft drinks in Aba, Abia State, underscores the gravity of the situation.

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She, however, assured that NAFDAC remains steadfast against the slanderous campaign initiated by those aiming to profit at the expense of the well-being of their fellow citizens.

She said NAFDAC brought the nefarious activities of the individuals involved to the public’s attention to safeguard citizens during the Yuletide festivities, as a caution against consuming potentially harmful substances disguised as cheap wines and soft drinks.

The NAFDAC DG expressed dismay at uncomplimentary commentaries in the media, citing the interception of counterfeiters in Eziukwu Market in Aba, Abia State as an example of the agency’s commitment.

According to her, the agency would not be deterred by unfounded allegations while urging the public to be vigilant and report any suspicious activities.

She assured that officers from the Investigation and Enforcement (I&E) and Pharmacovigilance and Post-Marketing Surveillance Directorates have been empowered to apprehend those involved in the production and distribution of counterfeit drugs and substandard food items.

She said that despite numerous life-threatening encounters and attacks on NAFDAC officers, the agency remains undeterred in its mission to safeguard the health of Nigerians.

She urged citizens to assist by providing useful information on the activities of counterfeiters, emphasizing, “They live and operate in our midst. We should say something when we see something.”

Adeyeye pledged that the agency would persist with sensitization activities across the country in the New Year, ensuring Nigerians are aware of the threats posed by counterfeit products.

According to her, NAFDAC remains steadfast in its mission to minimize the circulation of counterfeit products, ensuring that Nigerians consume only healthy and safe products.

She said: “The agency encourages the public to report any suspicious activities or illegal production of adulterated products to the nearest NAFDAC office nationwide.

“NAFDAC, having achieved ISO 9001:2015 certification and World Health Organization (WHO) Maturity Level 3, continues in its efforts to combat the scourge of substandard medicines.”

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