...board 'allows' uncertified products on the market

There is growing tension and rifts among officials of the Food and Drugs Board (FDB), as some of them appear to have violated their own laws by disregarding the health safety of consumers and rushing to register alcoholic beverages that had not been certified as wholesome by their own laws.

In recent times, the country's markets have been flooded with different alcoholic beverages, which have not been tested and certified by the mandated body (FDB). Some of these drinks included Oboadea, Ke Ba Shoo, Mmaa Nkomo, Lai Momo, Atupa special, Asotwann, Police Abaa among others.

At least four Ghanaian consumers have been reported dead after taking some of these uncertified products. Despite this arduous situation, the FDB has proven to be more efficient in the registration and collection of millions of cedis to swell their kitty instead of pursuing people with unwholesome products.

The beverages conveniently carry the seal of the Ghana Standard Board, assuring the consumer of a wholesome drink, though they have not yet been tested by the Board. There are unconfirmed reports of connivances on the parts of some FDB officials and some of the manufacturers to keep them (manufacturers) in business though their products have not yet been tested.

Section (24) of the Food and Drugs Law 1992 (PNDCL 305B) states that "No person shall manufacture, prepare, supply, distribute, export of import for sale of any herbal medicine or homoeopathic drug has been registered with the Board."

These beverages, whose peddlers/manufacturers claim, have medicinal values, are sold on the market without any approval from the Board and yet the officials of the FDB had remained unperturbed pretending to be living in blissful ignorance. After repeated public outcry about the devastating effects of some of those alcoholic beverages, the FDB finally held a meeting on the 22nd January with the manufacturers of the beverages.

At the meeting, Mr Ben Botwe, Acting Chief Executive of the FDB, issued directives to the manufacturers to "stop further production." "Withdraw products already in retail from the market. Withdraw advertisements from the media. Start the registration process for the products. Seek approval from Ghana Standards Boards before using their certification mark," stated the directive.

Mr Botwe was categorical stated that the beverages label as wine when there was no documentary evidence to support the product name was illegal. "This could be described as a deceptive practice. A practice, which contravenes section 3 (Food and Drugs Law 1992)," he cautioned.

On medicinal claims, Mr Botwe said, "Medicinal claims connote drug attributes and in that case the product must bear dosage regimen as a pre-requisite for all drug preparations. Proof of medicinal claims must be provided." He also reiterated that none of the beverages had been registered with the Board, adding that it contravened section (25) of the Food and Drugs Law (PNDCL 305 B).

After registering their dissatisfaction with the activities of the manufacturers, one of them (Producers of Ke Ba Shoo and Atadwe Ginger Wine) took FDB to court to force them to register their products. Interestingly, the FDB treated the case as a minor irritant of a nuisance value, their lawyers failed to turn up at the numerous sittings, leaving the trial judge with no option but to rule on the available evidence.

FDB was therefore, ordered to register those products though they (products) had not been certified and could therefore pose a health risk to consumers. "Instead of working to legally set aside the order in the interest of the consumer, the FDB within a split second went ahead and registered the products with brutal precision, lauding, applauding and rewarding the efforts of the manufacturers without pondering over the devastating effect they could pose to the consumer," charged a consumer rights protection activist.

He contended that the FDB for some time now has allowed a serial canker of such scams to foster and swell to terrible proportions under the colour of their own negligence, providing a leeway to some selfish businessmen. "They had given the manufacturers a deadline of 20th March 2002 to comply with their directive or face the law, but said nothing on the D-day. Consumers therefore take these drinks at their own risk," he added.

When the Principal Regulatory Officer of the FDB, Kwamena Van-Ess, was asked why the Board could not show up in court, he attempted to be economical with the details. "Who told you we didn't show up in court," he asked. When Marian Acolatse of (TV3) backed it with documentary evidence, he retreated with 'his tail between his legs,' retorting that "I don't want to go into the details of the matter."

Asked again of the implications for the consumer, Mr Van-Ess pretended as if all was well with consumers, thus dismally contradicting his own outfit's position that the goods could jeopardize the health of consumers since they are uncertified.