ABSTRACT
It is no gainsaying that ensuring compliance with packaging and labelling regulations is crucial for Fast Moving Consumer Goods (FMCG) manufacturers and importers in Nigeria. More so, for FMCG manufacturers and importers operating in Nigeria, navigating these regulatory frameworks on labelling requirements related to product quantity, quality, and pricing information to safeguard consumer interests and promote transparency in the marketplace is sacrosanct.
On this wise, this article dives into the intricate details of packaging and labelling regulations in Nigeria, placing a special emphasis on the stringent requirements set forth by NAFDAC, SON, and by extension, the FCCPC. Its primary goal is to empower FMCG manufacturers and importers with the essential knowledge and resources needed to guarantee compliance, effectively manage risks and sustain a competitive advantage within the market. By adhering to the guidance provided in this article, stakeholders can ensure that their products not only meet safety and compliance standards but also hold significant appeal for consumers, thereby playing a vital role in the expansion and advancement of the Nigerian FMCG industry.
Introduction
The packaging and labelling of Fast-Moving Consumer Goods (FMCGs) in Nigeria are subject to strict regulations aimed at safeguarding consumers and maintaining equitable trade practices. The National Agency for Food and Drugs Administration and Control (NAFDAC), the Standards Organisation of Nigeria (SON), and the Federal Competition and Consumer Protection Commission (FCCPC) serve as the primary regulatory bodies responsible for overseeing the enforcement of these regulations. Adherence to these regulations is of paramount importance for FMCG manufacturers and importers to forestall legal and financial repercussions, safeguard their reputations, and prevent harm to consumers.
Moreover, amidst a plethora of regulators, the NAFDAC regulations cover a wide range of aspects related to packaging and labelling. These include product identification and classification, ingredient disclosure, nutritional information, warning labels, product certifications, and environmental considerations. Manufacturers and importers need to understand and comply with these intricate regulations to ensure that their products meet the necessary standards.
LEGAL FRAMEWORKS FOR PRODUCT PACKAGING AND LABELLING AND THEIR REGULATORY BODIES
1. National Agency for Food and Drugs Administration and Control (NAFDAC) Act,1 - administered by the National Agency for Food and Drugs Administration and Control.
2. Federal Competition and Consumer Protection Act, 2018 – administered by the Federal Competition and Consumer Protection Commission (FCCPC).
3. Standards Organisation of Nigeria Act 2015 – administered by the Standards Organisation of Nigeria (SON).
REGULATORY FRAMEWORK FOR PACKAGING AND LABELLING
The provisions of Section 30 of the NAFDAC Act confer authority upon the governing Council of NAFDAC to formulate regulations, subject to the approval of the Minister of Health, to effectively execute and enforce the stipulations of the Act.2 Under this, NAFDAC issued the NAFDAC PrePackaged Food (Labelling) Regulations, 2022 in Nigeria. These Regulations are designed to strengthen consumer protection measures by providing comprehensive guidelines for the labelling of pre-packaged food items. It includes detailed requirements for ingredient listing, nutritional information, net quantity declaration, and guidelines for allergen labelling.3 The objective is to ensure that consumers have access to accurate and clear information about the food products they buy, empowering them to make informed choices. 4 Through the implementation of these Regulations, the objective is to uphold elevated food safety standards and establish a food industry characterised by enhanced transparency and a steadfast commitment to consumer welfare. The Regulations mandate that the labelling of pre-packaged food items adheres to the specified requirements:
1. Scope of Application: This Regulation applies to all pre-packaged food products in Nigeria, governing their manufacturing, importation, exportation, sale, distribution, and use. This includes a wide range of food items intended for human consumption, such as beverages, snacks, and ingredients.5
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Footnotes
1. Cap N.1 LFN 2004
2. Regulation 5, Pre-Packaged Food (Labelling) Regulations, 2022.
3. Section 30 NAFDAC Act, Cap N.1 LFN 2004
4. Regulation 1(e), Pre-Packaged Food (Labelling) Regulations, 2022.
5. Regulation 1, Pre-Packaged Food (Labelling) Regulations, 2022.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.