Junk food generation and protecting the consumer

World consumer day falls today Theme: Junk Food Generation (mainly to stop marketing unhealthy food to children)

Sarath WIJESINGHE, LL.M (London) (Solicitor/Attorney - At-Law)

World Consumer Day was first observed on March 15, 1983. Two years later, on April 9, 1985 the United Nation’s General Assembly adopted the UN Guidelines for consumer protection, following a decade of hard lobbing and hard work of consumer organisations worldwide.

The guidelines adopted the principles of this eight consumer rights to provide a framework for strengthening national consumer protection policies of respective states and governments which has changed according to the respective trade practices and economic policies.

The Consumer worldwide is a powerful force well organized with the media worldwide. In the United Kingdom when a leading company was using water from Thames River for production, it is the media and magazines such as ‘Which’ who were in the forefront to confront the giant multinational companies.

Save and protect

They say in the west that consumer is always right and he is the king. Organised consumer could dictate terms to the supplier and manufacturer. Unfortunately in Sri Lanka the consumerism and consumer activism is less organised, developed and powerful.

It is time for the Civil Society, NGOs and other organisations to come forward at this hour of need to save and protect the consumer against exploitation and unhealthy trade practices.

Consumers refers to individuals or households that use goods and services generated within the economy, who uses any product or service. In free market economics, consumers are presumed to dictate what goods are produced and are generally considered the centre of economic activity.

The identified rights by the UN are, right to satisfaction of basic needs, right to safety, right to be informed, right to choose, right to be heard, right to redress, right to consumer education and right for a healthy environment and by adoption of the guidelines, consumer rights were finally elevated to a position of international recognition and legitimacy, acknowledged by developed and developing countries alike, Yet they can continue to be ignored or trivialised by governments producers companies and powerful interests. These rights sometimes are otherwise embodied in the legislature.

Chapter on fundamental rights jurisdiction and public law remedies available in the system of law has some opening in promoting, protecting and enjoying consumer rights which is a basic human right.

These rights are codified and implemented in various ways. The best and the most effective mode is consumer activism which is also known as consumerism which is in the top of the agenda worldwide today. Obviously, today is the zenith of the activity of world consumerism for the year.

Unethical

World consumer day imitative can be concerned with the food we eat, the medicine we take, or the products we use in our homes. They can draw attention to unethical marketing practices, expose to hazardous technologies and production processes, or point out the need for consumer legislation and its enforcements.

Some of the topics chosen previous years were corporate control of food chain (2003) Consumer and Water (2004) Action on GMOs (2005) Energy (2006) Unethical drug promotion and Junk Food Generation this year. It is the mandate policy and the duty of the government to protect consumers against the marketing of goods or the provisions or services which are hazardous to life and property of consumers.

It is the mandate of the regulator to protect consumer against marketing of goods or provisions of services which are hazardous to life and property of consumers, protect consumers against unfair trade practices and guarantee that consumer interests are given due consideration, to ensure that wherever possible coinsures it have adequate access to goods and services and to seek redress against unfair trade practices restrictive trade practices and other forms of exploitation.

Junk Food (JF) is unhealthy and/or has poor nutritional value according to food standards agency in the United Kingdom. It contains high levels of saturated fat, salt, sugar, numerous food additives such as mono so-dium glu-ta-mate. At the same JF is lacking in proteins, vitamins and fiber.

It is popular with suppliers because it is cheap to manufacture and has a long shelf life and do not necessarily need refrigeration. It is popular in the USA and the trend is spreading fast over the world encroaching poor and underdeveloped countries as well because it so easy to purchase, requires little or no preparation with lots of tasty flavours, it is always associated with Obesity, Heart diseases, Type 2 Diabetes, Dental Decay and many other diseases. Mostly junk food is snack which is mainly consumed for enjoyment than health and good living.

This is a cancerous habit which is fast spreading all over the world due to ferocious advertising techniques, by multinational companies mainly targeting and aiming the future generation. Pseudo Heroes and names such as Pokeman, Batman, Superman and hundreds of games are being used via supermarket ‘Giants’ and modern IT mechanics and many other modern forms of enjoyments to attract children and young generation for JF.

Former Prime Minister of Great Britain increased the government funding to schools for a balanced diet for the children discouraging them from consuming ‘JUNK’ food which has the potential to ruin the nation in the near future.

Health food

JUNK food chains have got the message and started introducing salad and health food to the children and public. It is sad that our children and even adults consume soft drink which is short and long term poisonous without consuming ‘Tambili’ which is one of the best cheap and healthy drink available at much lower price. It is informed that we have 40,000 food outlets out of which only few are safe, and adopt safety standards.

In this country anyone could start a food outlet without any requirement. Multi National, local Junk Food outlets are spreading all over the country fast. It has become a style for the young and even the elder generation to eat from these chains, which are now deserted in the west as consumers are now health conscious. They read and look into the health aspects before consumption of any food or drugs.

Public law

Consumer Protection Law or Consumer Law is considering an area of public law that regulates private law relationships between individual consumers and the business that sell those goods and services. Within law, the notion of consumer is primarily used in relation to consumer protection laws and the definition of consumer is often restricted to living persons not corporate or businesses and excludes commercial users.

Consumer protection is a form of government regulations which protects the interests of consumers. Consumer under the CAA Act is defined as actual or potential user of any goods or services made available for a consideration by any trader or manufacturer. This gives a broader meaning to include all citizens as consumer as even a person who intends to purchase any consumer item or service is considered to be a consumer by definition.

Government may require businesses to disclose detailed information about products particularly in areas where safety or public health is an issue such as food. Consumer protectionism linked to consumer rights and to the formation of consumer organisations which help consumers make better choice in the marketplace. This shows that there should be a joint force by the Government, Trader, Manufacturer, Industrialist and the consumer to make our country a better place to live.

According to western ideology consumer interests can also be protected by promoting competition in the market which directly and indirectly serves consumers, consistent with economic efficiency but this topic is treated in competition law. Unfortunately Act No 9 of 2003 has omitted this area, which is being used in USA, Japan, UK and Europe to bring cost down by competition of trade. Good news is that steps are being taken to reintroduce this area of law to the proposed Act.

Our traditional system of price control was completely overhauled by the introduction of the free economy and subsequently introduction of the present Consumer Authority Act No 9 of 2003, which has replaced the Consumer Protection Act, Fair Trading Commission Act, and control of Price Act which implemented the policies of governments of closed and planned economy.

Regulatory power

Today the only piece of legislation in this area of law is the CAA in which the consumer is protected mainly by regulatory powers in Part II of the Act which has power of indirect price control, of certain items only by enforcing S18 of the Act. Under the Act the Government is expected to protect not only the consumers but the trader as well.

It states that the policy of the Government is to provide for the better practitioner of consumers through the regularities of trade and the prices of goods and services and to protect traders and manufacturers against unfair trade practices and restrictive trade practices.

CAA is helpless before number of multinational and Company Giants. Many companies stand firm against regulatory powers of CAA by ignoring the decisions of the Authority. Dishonest trader has a field day due to the lacuna in the implementation process of the instrument. Government alone will not be in a position to deliver goods. It will only act as a catalyst as provided in the act which encourages formation of consumer organisations. Steps are being taken to amend the legislation shortly for more effective mechanism of consumerism in Sri Lanka.

California CAA regulates 2.3 millions professionals successfully. Europeans Union regulates the consumerism in all EU countries including UK by EU directives which is powerful all over Europe. This gives food for thought for us to make use of SAARC as a vehicle following the steps of EU in consumerism and legal system as well. In UK many cooperatives own chains of supermarkets, and Japan cooperative movement has 14 million members. Consumer in other parts of the world are organised and powerful and today the World Consumer Day is show of strength and solicit among all citizens who are consumer as John Kennedy has suggested at the World Consumer Day in USA.

The CAA is a mixture of USA, Australian. Canadian and Tradition UK/Sri Lankan system enacted with lot of hopes but unsuccessful as it lacks teeth for implementation. It is the main regulator and the watch dog.

It has power to control prices of identified items and regulate trade by undertaking studies (S9), issuer directions (s10) prohibit sale above market price (11), determining standards (s12) Inquire into complaints (13) Enter into agreements with traders (s14) Prohibit refusal to sell (s15) Prevent hording of goods (s17) control of consumer items or services after Minister has made a gazette notification and other regulatory powers under part 11.

The execution and implementation is via the ordinary courts and it is only CAA has power to procure. CAA has proposed the ‘Consumer Courts’ which is prevalent in India where any aggrieved party can invoke the jurisdiction and the concept of Citizens Advice Bureau which is the consumer activism network in the United Kingdom.

Steps taken up recently by conducting cases in one court in Colombo is a step in the right direction as a step forward. Consumers await the implementation of the concept in full for the consumers to enjoy their due place in the society.

Ultimate goal

Our ultimate goal is to protect the consumer and maintain the goodwill and equilibrium with all other players. We need alert consumer and Just trader. Trader can be just while trading the honest profession.

The umpire in the process is the Government as the regulator and the watch dog of fair play and impartiality. CAA has mooted this concept through three weekly consumer pages in all media. The responsibility is in the hands of the consumer which has the ultimate power and authority to activate others and himself.

The best opportunity and the vehicle is the World Consumer Day and the organisations surrounding the world mechanism for a better day for the consumer for healthy consumer items and services of high standard and quality at a reasonable price.

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