TABLE OF CONTENT

Title page i

Certification ii

Dedication iii

Acknowledgement iv

Table of content v

List of cases

List of statutes

Abstract

CHAPTER ONE: INTRODUCTION

1.0 Background to the Study 1

1.1 Statement of the Problem 4

1.2 Research Questions 5

1.3 Aim and Objectives of the Study 5

1.4 Significance of the Study 5

1.5 Methodology of the Study 6

1.6 Literature Review 6

1.7 Conceptual Clarification 16

1.8 Organization of the work 32

CHAPTER TWO: PRINCIPAL LEGISLATION RELATING TO BOTTLED

WATER IN NIGERIA

2.1. Food, Drugs and Related Products (Registration, etc) Act, 1993……………… 34

2.2. Counterfeit and Fake Drugs and Unwholesome Processed Food (Miscellaneous

Provisions) Act, 1999…………………………………………………………… 36

2.3.National Agency for Food and Drug Administration and Control Act1993……… 40

2.4 Standards Organisation of Nigeria Act,2015…………………………….. 40

2.4.1. Functions of SON and the Governing Council…………………………. 42

2.4.2. Mandatory Conformity Assessment Programme (MANCAP)…………………….. 44

2.4.3. Standards Organisation of Nigeria Conformity Assessment Programme

(SONCAP)…………………………………………………………… 45

2.5 Consumer Protection Council Act, 1992……………………………………… 48

2.5.1 Functions of CPC and the Governing Council………………………… 49

CHAPTERTHREE: SUBSIDIARY LEGISLATION ON BOTTLED WATER

3.1. Bottled Water (Registration) Regulations 1996…………………………… 57

3.2. Bottled Water (Labeling) Regulations 1996…………………….. 59

3.3. Bottled Water (Advertisement) Regulations 1995………………….. ……………………. 62

3.4 Guidelines for the Establishment of Packaged Water Plants in Nigeria……………. 63

3.5 Nigerian Standard for Drinking Water Quality………………………………. 73

3.6 American Standard for Drinking Water Quality……………………………. 79

3.6.1. Current Good Manufacturing Practice Regulation1986………………….. 80

3.6.2 Standard of Identity Regulations…………………………………………… 81

3.6.3. Standard of Quality Regulations…………………………………………… 81

3.6.4. Bottled Water Feasibility Study on Additional Discloures to Consumers…… 82

3.6.5. Food Safety Enhancement Act 2009……………………………………. 82

3.7. Canadian Standard for Drinking Water Quality……………………………….. 83

CHAPTER FOUR: MONITORING AND ENFORCEMENT BY REGULATORY AGENCIES AND JUDICIAL PRONOUNCMENTS

4.1. Monitoring/Surveillance by the Regulatory Agencies……………………. 84

4.2.1 National Agency for Food and Drug Administration and Control…………. 84

4.2.2. Standards Organisation of Nigeria……………………………………….. 93

4.2.3. Consumer Protection Council Act……………………………………….. 95

4.3. Frequency of Analysis of Water …………………………………………… 99

4.4. Role Conflicts among the Regulatory Agencies……………………………… 102

4.5. Judicial pronouncements on bottled water in Nigeria and some selected countries 104

CHAPTER FIVE: SUMMARY OF FINDINGS, RECOMMENDATIONS AND CONCLUSION

5.1. Findings…………………………………………………………………………………… 113

5.2. Recommendations……………………………………………………………… 114

5.3. Conclusion………………………………………………………………… 116

BIBLIOGRAPHY…………………………………………………………….. 11

Table of Cases Page

Nigerian Cases

Group Danone, Societe Des Eaux De Volvic v. Voltic Nig. Limited

(2008) SC.223/2002…………………………………………. 4, 110

Virgin Enterprises Ltd v Richday Beverages (Nig) Ltd suit No: CA/L/550/15….. 4

Foreign Cases

Bottled Water Processors Association v Union of India & ORS

(2009) 11672 W.P.(C)………………………………………………………….. 107

Donoghue v. Stevenson [1932] AC 562 …………………… 104M. Hasegawa & Co. Ltd. v The Pepsi Bottling Group (Canada), Co.

(2002) BCCA 324…………………………………………… 105

Michigan Citizens for Water Conservation v. Nestle Waters NA, Inc.

(2007) 479 Mich 280, 737 NW2d 44…………………………. 108

Waddah Mustapha v. Culligan of Canada Ltd

(2008) 2 S.C.R. 114, 2008 SCC 27…………………………… 4,105

Koenig v Flynn 258 NY 292, 179 NE 705…………………………………. 19

Table of Statutes Page

Nigerian Statutes

Federal Legislation

Consumer Protection Council Act, Cap. C25, Vol. 4, LFN, 2004…………3,27,30,48,49,95

1………………………………………………………….. 52
2 ………………………………………………………….. 52,98,99
3………………………………………………………….. 52
4…………………………………………………………… 51
6…………………………………………………………… 51,99
8……………………………………………………………. 52,99
15…………………………………………………………… 95,96
18……………………………………………………………. 52,98
19…………………………………………………………….. 52,98

Counterfeit and Fake Drugs and Unwholesome Processed Food Products (Miscellaneous Provisions) Act, Cap. C34, LFN 2004……………………………………… 31,36

1…………………………………………………………….. 36
2…………………………………………………………….. 36
3(c)……………………………………………………………… 37
5………………………………………………………………. 37
10………………………………………………………………. 37
11……………………………………………………………… 37

Food, Drugs, and Related Products (Registration, Etc)

Act, Cap. F33, LFN 2004……………………………………………………… 31,34,54

1(2)……………………………………………………………… 34,35
2……………………………………………………………….. 35
4……………………………………………………….. 35
8(1)(a)&(b)……………………………………………. 36
11(1),(2) (a)&(b)………………………………………….. 35

National Agency for Food and Drug Administration and Control Act,

Cap. N1, Vol. 10, LFN 2004…………………………… 2,30,31,54,65,84,89,113

Standards Organisation of Nigeria Act, 2015…………. 30,31,40,85,93,94

4……………………………………… 42
5(1)(i),(J),(q),(t),(v),(2)………………………… 46,47
15……………………………………. 95
26(1)(a)-(b),(2)-(3)………………………… 47,48
31(1)-(2)……………………………………. 47
32(1)-(4)…………………………………… 47,48

Subsidiary Legislation

Bottled Water (Advertisement) Regulations S.1.17 of 1995 6,62

Regulation 1.……………………………………… 62

Regulation 7………………………………………. 62

Regulation 8………………………………………. 62

Regulation 9………………………………………. 63

Regulation 10………………………………………. 63

Regulation 11……………………………………… 62,63

Regulation 14……………………………………. 63

Bottled Water (Labelling) Regulations S.1.8 of 1996……………… 6,59,85

Regulation 1(1),(2)…..………………………………………. 60,61

Regulation 2(1)………………………………………. 61

Regulation 3(1)………………………………………. 61`

Regulation 4………………………………………. 61

Regulation 5………………………………………. 60,61,97

Regulation 6(1)-(4)………………………………………. 61,97

Regulation 7(1)………………………………………. 61,97

Regulation 8………………………………………. 61

Regulation 10………………………………………. 61

Regulation 11………………………………………. 62

Regulation 12………………………………………. 62

Regulation 13………………………………………. 62

Regulation 16………………………………………. 62

Regulation 29………………………………………. 97

Bottled Water (Registration) Regulations S.1.18 of 1996… 6,57,58,85

Regulation 1(2)……………………………………… 58

Regulation 2(1)(a) & (b)………………………………… 58

Regulation 3(1)………………………………………. 59

Regulation 4(1) & (2)………………………………………. 59

Regulation 5………………………………………. 59,60

Regulation 6(a)-(e)…………………………………….. 59

Regulation 7……………………………………. 59

Regulation 8……………………………………. 59

Regulation 29……………………………………. 60

Guidelines for the Establishment of Packaged Water Plants in Nigeria…… 63

International Legal Instruments

Indian

Indian Consumer Protection Act 1986 (as amended in 1993)……… 28

Section 2(1) (d)………………………………………. 28

USA

Current Good Manufacturing Practice Regulations 1986……… 80

Part 129…………………………………. 80

Environmental Protection Agency…………………. 79

Food and Drug Act 1997…………………………….. 80,100

Food and Drug Administration Amendment Act 2007……………… 82,100

Part

1…………………………………. 100

101………………………………… 100

110………………………………. 100

129………………………………. 100

165……………………………… 100

Federal Food, Drug and Cosmetic Act 1938…………………………… 80,82

S.134……………………………. 82

S.135……………………………. 82

Food Safety Enhancement Act 2009…………………………….. 82

S.102……………………………. 82

S.103……………………………. 82

S.106……………………………. 82

Standard of Identity Regulation………………….. 81

S.110(a)……………………………. 81

Standard of Quality Regulation………………….. 81

S.110(b)……………………………. 81

Safe Drinking Water Act (Amendment) 1996……………. 78,82,100

S.114(b)…………………………….. 82

Canada

Canadian Standard for Drinking Water Quality…………………….. 83

ABSTRACT

Water is essential to the survival of living matter. It plays a major role in the metabolic breakdown of molecules as proteins and carbohydrates in animals. An average man (of 53 kg – 63 kg body weight) requires about 3 litres of water in liquid and food daily to keep healthy. Water can also constitute a threat to animals including humans if not properly managed or treated before drinking. The quality and quantity of treated public water supply in Nigeria, especially pipe borne water, is almost endemic and inadequate for the growing population. The alternative to adequate water supply is found in packaged sachet and bottled water, which have gone through purification processes and preserved into a hygienic container. To ensure that there is compliance with the packaging of water for consumption, laws are made to regulate and guide the activities of manufacturers or businessmen who engage in bottled water business in Nigeria and the world at large. The laws are the Food, Drugs and Unwholesome Products (Registration, etc) Act, 1993; Counterfeit and Fake Drugs and Unwholesome Processed Food (Miscellaneous Provisions) Act, 1999; National Agency for Food and Drug Administration and Control Act, 1993; Standard Organisation of Nigeria Act, 2015 and Consumer Protection council Act, 1992. Also the regulations include the Bottled Water (Registration) Regulations 1996, Bottled Water (Labelling) Registrations 1996, Bottled Water (Advertisement) Regulation 1995, and the Guidelines for the establishment of packaged water plants in Nigeria. Several researches have been done in this area in law, to the best knowledge of the researcher none have focused on the analyses of the legal framework for regulation of bottled water in Nigeria.Hitherto, laws regulating bottled water in Nigeria have not been given prominence in the public domain, considering the health hazard involved in the consumption of the product. The low level of concern regarding how inadequate the laws are reflects lack of public interest and awareness of the health hazard of consumption of contaminated bottled water in Nigeria. Laws regulating bottled water are not in conformity with the standard set by the World Health Organisation and the International Bottled Water Association respectively. Recent regulations on bottled water such as adoption of allowable levels of certain disinfectants and disinfection by products in the quality standard for bottled water and publication of a feasibility study on the appropriate methods for providing consumers with information on the contents of bottled water are not enshrined in the laws regulating bottled water in Nigeria. The aim of the research is to analyse the legal framework for regulation of bottled water in Nigeria. The specific objectives were to; (i) identify and analyse the legal framework for regulation of bottled water in Nigeria with a view to determining its adequacy or otherwise in protecting consumers of bottled water.; (ii) determine the adequacy or otherwise of the relevant statutes in protecting consumers of bottled water in Nigeria; and (iii) determine the conformity of the relevant statutes and regulations with international standards. The study is doctrinal. It adopted the descriptive, analytical and comparative approach. It involved collection and review of relevant laws and literature on bottled water. Reliance was placed on primary and secondary sources of data. The primary sources of data employed in this study are statutes, and international treaties. The secondary sources of data are textbooks, journal, articles, newspaper articles, judgments of court as contain in law reports, internet materials, conference papers, seminar papers, and case law. The data analysis was done by descriptive approach and content analysis.The laws regulating bottled water in Nigeria are inadequate. The study recommends that the National Assembly and NAFDAC should make laws, and guidelines respectively to address important issues identified in this study including measures for effective enforcement.

CHAPTER ONE

GENERAL INTRODUCTION

1.0. Background to the Study

In Nigeria, the National Agency for Food and Drug Administration Control (NAFDAC)[9]is one of the regulatory agencies saddled with the responsibility of ensuring that manufacturers follow quality guidelines in producing packaged water, as recommended by the World Health Organisation (WHO). Bottled/packaged water undergo rigorous scrutiny by NAFDAC which results in certification and allocation of approval number commonly known as NAFDAC registration number.

To complement the World Health Organisation (WHO) standards for bottled water, the International Bottled Water Association (IBWA) “developed a set of standards that should be used as minimum standards for the members of the association to subscribe to, and to encourage state agencies to adopt it as a model for their own bottled water regulations”.[10]Despite the code of practice of IBWA, which ought to eliminate health challenges emanating from the consumption of bottled water, there have been several traces of health complaints emanating from the consumption of bottled water.

In Nigeria, it has been observed that bottled/packaged water regulations are abused ranging from non-registration, incomplete registration, non-compliance with the environmental laws or other laws which were handed over to the manufacturers after their registration with NAFDAC.[11] Genuine or not, virtually all products in the market display certification numbers, some in an attempt to deceive the populace. It thus appears hard to prevent producers using fake NAFDAC numbers on the package (bottle). Even those who were registered have been observed to fall below expected standard once registration has been approved.[12]

In a bid to eliminate hazardous products in circulation and to ensure compliance with bottled water regulations, other federal government agencies such as Standards Organisation of Nigeria (SON) and Consumer Protection Council (CPC) collaborate with NAFDAC. The collaboration aims at ensuring compliance by producers and manufacturers with set standards so as to ensure quality and safety of consumer goods. They also ensure that the quality of materials, equipment and treatment chemicals used for the supply of drinking water, meet the required standards and system certification.[13]They receive complaints and/or observe lapses and use appropriate institutional framework to ensure adequate correction. They also seek redress and compensation for aggrieved consumer or community as provided in the CPC Act[14].

This research, therefore, reviews the legal framework for regulation of bottled water in Nigeria based on the standards stipulated by the World Health Organisation, the International Bottled Water Association, and other countries with a view to proffering solutions to fill the gaps in bottled water guidelines in Nigeria.

1.1. Statement of the Problem

A major turning point in the water business evolution was the introduction of polyethylene terephthalate (PET) bottles, patented in 1973. In Nigeria, due to the state of public utilities, most households, especially in urban areas, have private boreholes as their major source of water, even though the purification system is often poor. Consequently, majority of Nigerians depend largely on packaged water for survival.Based on the high demand for bottled water for household, there have been increases in circulation of illegal bottled water in the markets. To meet the market demand of bottled water, some manufacturers indulge in sharp practices such as packaging of untreated water, production under unhygienic conditions, use of non-food grade plastic, unknown source of water,[15] improper usage of treatment chemicals and the release of water without date of registration markings.

Worse still, unlicensed producers copy the same packaging number as those labels recognised by NAFDAC.[16]Most bottled water labels in Nigeria do not supply detailed information to the consumer. The bottle designs are almost the same,[17] thereby creating room for the activities of adulterators.[18] There is also the issue of parasites, due to lack of proper treatment of water before packaging. There have been several cases of objects found in bottled water because some manufacturers use bottles without treatment or proper washing.[19] Furthermore, most of the bottled water violations are not reported, even when reported, NAFDAC only imposes for administrative fine or shutting down of the premises.

1.2. Research Questions

Is the legal framework for the regulation of bottled water in Nigeria adequate and in conformity with international standards?
How can the relevant statutes be strengthened in order to better protect consumers of bottled water in Nigeria?

1.3. Aim and Objectives of the Study

The main aim of this research is to identify and analyse the legal framework regulating bottled water in Nigeria with a view to determining its adequacy or otherwise in protecting consumers of bottled water through the following objectives:

identify and analyse the legal framework regulating bottled water in Nigeria;
determine the adequacy or otherwise of the relevant statutes in protecting consumers of bottled water in Nigeria;
determine the conformity of the relevant statutes and regulations with internationalstandards; and

(iv) make recommendations on how therelevant statutes and regulations can be strengthened to achieve better protection for consumers of bottled water in Nigeria.

1.4. Significance of the Study

The findings of this research will significantly help scholars and researchers to appreciate why bottled water regulations ought to be reviewed regularly. Generally, the academic, government agencies and manufacturers of bottled water will have an additional literature on bottled water. It will help to properly guide the general public since most people wrongly take it for granted that any bottled water is portable. It provides a framework to assess the on-going vulnerability and the current state of the laws regulating bottled water in Nigeria. Furthermore, the issues to be analysed will give NAFDAC, SON, and CPC a clear insight into the state of affairs in this field.

1.5. Methodology

The study is doctrinal and empirical. It adopted the descriptive, analytical and comparative approach.It involved collection and review of relevant laws and literature on bottled water. Reliance was placed on primary and secondary sources of data.The primary sources of data employed in this study are statutes, and international treaties. The secondary sources of data are textbooks, journal, articles, newspaper articles, judgments of court as contain in law reports, internet materials, conference papers, seminar papers, and case law. Maximum uses of the above materials were done to ensure that the aim of this study is achieved. The data analysis was done by descriptive approach and content analysis.

1.6. Literature Review

This section deals with the review of current related literature on bottled water regulation to provide an overview of the collective knowledge about the existing concepts. A critical review of scholarly literature provides useful insights for the work as well as a lacuna that needs to be filled. The literature pertaining to laws regulating bottled water are relatively limited, thereby making it challenging. However, despite this challenge, the study still reviewed a selected few that were sourced from the Internet and journals.

Akunyili[20]discusses the role of “pure water” and bottled water manufacturers in Nigeria and itemized the achievements recorded in the Bottled and Sachet water Unit of NAFDAC. According to Akunyili, the Agency developed the following regulations and guidelines to carry out its mandate. They are:

Bottled Water (Advertisement) Regulations[21], which prohibit the advertisement of any bottled water imported into Nigeria or locally manufactured unless the bottled water has been registered by NAFDAC.
Bottled Water (Labelling) Regulations[22], which stipulate that “No person shall sell bottled water unless a label has been affixed on it.”
Bottled Water (Registration) Regulations[23], which state that every bottled water manufactured, imported, exported, distributed, advertised and sold in Nigeria shall be registered in accordance with the provisions of these regulations.

The author discloses that various steps have been taken by the Agency to ensure effective regulation and control of water. The first group that was sensitized through a nationwide workshop was the producers of ‘pure water’, fruit juices and other water-based drinks.

Nevertheless, the author did not give details of laws regulating bottled water in Nigeria. The paper only emphasised on the achievements recorded by the Agency but did little or nothing to inform the participants on the challenges confronting the Agency in dealing with defaulters or fake manufacturers which are not in conformity with NAFDAC guidelines. The author did not disclose if there was a need to upgrade the laws regulating bottled water.

Onweluzo and Akuagbazie[24] carriedout a study on the physical, chemical and microbiological qualities of 17 brands of bottled and sachet water sold in Nsukka town to ascertain compliance with recommended standards of the World Health Organization (WHO) and the National Agency for Food and Drug Administration and Control (NAFDAC). The physical factors that were put into consideration during the exercise are total suspension and dissolving solids, turbidity and conductivity which were determined by instrumental methods. In their work, cationic and anionic constituents were determined by standard titrimetric and spectrophotometric methods. The research unravelled that all the brands of water analysed were physically and chemically wholesome and met the WHO standards (also adopted by NAFDAC).

According to the research, four brands (24%) of the water had total viable count above the recommended count of 1000cfu/ml while 88% of the brands had coliform count above the recommended count of zero cfu/ml. Nevertheless, the laws regulating the manufacturing of bottled water in Nigeria were not disclosed by the authors. The focus was on the physical, chemical and microbiological aspects of bottled water. The labelling, containers or materials used in bottling the water, water packaging plants, etc. as enshrined in the NAFDAC guideline, were also not considered in the research.

Oladepo et al[25] conducted a study on ozone-disinfected bottled water production system located in Obafemi Awolowo University campus, Ile-Ife. The study was carried out to determine the physico-chemical and bacteriological quality of the raw water and the treated water. In the process of carrying out the study, it was discovered that the laboratory attached to the plant contains no chemicals or equipment to carry out any analysis. Nonetheless, the source of water contains no harmful chemicals or microbes and was of help to the plant in producing bottled water of adequate quality. The anxiety during this study, according to the authors, was in the form of the absence of ozone decomposer or dosage control and facilities for determination of ozone residual. However, the test proved that both the raw and the treated water samples contain no faecal coliforms. The authors advise that the presence of non-faecal coliforms in the treated water points to the need for a firmer handle on ozone dosage control. The study focused on the ozone treatment of bottled water in the University community but did not treat the laws regulating bottled water.

The authors did not also consider the labelling, the containers or some other materials used in bottling the water, water packaging plants, etc. as enshrined in the NAFDAC guideline.Ajayi et al[26]argue that inadequacy of pipe borne water supplies in urban centers is a growing problem in Nigeria. As a result, communities resort to buying water from vendors. The authors disclose that sachet or bottled water have become major sources of drinking water in the households and at work. Saturated by this development, the authors embarked on a study to ascertain the quality of these table and sachet water. The authors selected a total number of 118 samples of water from several commercial brands sold in the city of Ibadan. The selection is by simple random sampling. The selection was of three categories: those that are packed and sealed in bottles by larger factories (bottled water), those sealed in nylon sachets by small scale industries (A Type), and those put in nylon sachets and manually tied by itinerary vendors (B Type). These samples were subjected to physical, chemical and bacteriological analysis. The study unravelled that the communities in urban areas suffer from acute shortage of drinking water.

The authors’ buttress that many entrepreneurs took advantage of the situation of water scarcity to engage in packaged water business – production and vending without adhering to NAFDAC guidelines, thereby increasing the level of waterborne infections. The authors also unravel that the monitoring of the packaged water quality is poor. The study recommended that the national regulatory bodies and ministries should exercise more stringent surveillance programmes and educate the producers and the consumers on the need to look for water quality, proper labelling and certification. To achieve this goal the manufacturers, the consumers and government should work together. Nevertheless, the authors did not disclose the national guidelines and regulations on bottled water in Nigeria and how the manufacturers can be monitored.

Odigie and Odion[27] conducted a study on the impact of consumers’ protection laws and the regulatory schemes in Nigeria. This Study was a review of the impact of Consumers’ Protection Laws and the Regulatory Schemes in Nigeria. The logical conclusion that readily flows from the context analysis of this study is that the Courts, relevant Consumer Protection Statutes and Regulatory Agencies have failed to offer the desired and much expected protection to the consumer. Consequently, the consumer is left unprotected and at the mercy of unconscionable manufacturers and pretentious traders. A model Consumer Protection Law that affords a remedy on the basis of defect in consumer goods, rather than resultant injury to the consumer among others was recommended. The study reviewed the responsibilities of the existing institutions on consumer protection vis-à-vis NAFDAC, SON and CPC. It furthered showed that these institutions and the judiciary have failed to protect consumers.

According to the authors, these institutions have not impacted on the consumer in any key mandate, probably due to finance, internal bureaucracy and adequate manpower. However, the authors did not focus on the legal framework regulating bottled water production in Nigeria.

Dada[28] in his study on towards a successful packaged water regulation in Nigeria observed that the importance of locally sourced, low-cost alternative drinking water schemes in contributing to increased sustainable access in developing nations cannot be over-emphasized. The author pointed out that one of such initiatives in Nigeria, where public drinking water supply is endemic is packaged drinking water sold in sachets. Packaged water if improved upon has been suggested as alternative water provisions that could allow contributions from local initiatives in the drive towards achieving the water target of the Millennium Development Goals. This form of drinking water is easy to get and the price is affordable but people still worry about its purity. Successful regulation of the packaged water industry remains a challenge to the national agency established to enforce compliance with international standards. This study was conducted with a view to proffering recommendations that would enhance successful regulation of Nigeria’s packaged water industry and ultimately improve public health outcomes. Using the empirical data obtained from semi-structured interviews with principal office holders of the national regulatory agency, sachet water manufacturers and civil society groups, a rapid needs assessment of the existing regulatory system for packaged drinking water was conducted. The author discussed the three major areas that demand prompt intervention – the adopted regulatory approach, collaborative stakeholder partnerships and institutional capacity.

Among various recommendations made, the author recommended that beyond registration of intending manufacturers, regular call-ups by the regulatory agency for training activities on latest developments will help foster post-certification communications which seem to be missing between the two parties. It should be mandated for each packaged water factory to recruit at least two qualified personnel that will serve as liaison officers with the agency. The author also recommended that there is the need for NAFDAC to organise intensive hygiene and sanitation programmes, if possible with certifications of attendance (or other carefully selected incentive) for distributors and vendors on handling and storage issues, these which are also critical to the fate of the packaged water product. Opportunities exist for improvements in the current regulatory scheme that could make efficient the regulation of the packaged water industry. Nevertheless, the author did not present the legal framework that would enhance the successful packaged water regulation in Nigeria.

Posnick and Kim[29]write that in the United States of America (USA), there are various agencies established by the Act to manage bottled water administration. They are United States Food and Drug Administration (FDA) and United States Environmental Protection Agency (EPA). The FDA regulates bottled water while the U.S. Environmental Protection Agency (EPA) regulates tap water (also referred to as municipal water or public drinking water). The regulations of bottled water in the United States according to the authors are under Federal Food, Drug, and CosmeticAct (FFDCA), which provides FDA with broad regulatory authority over food that is introduced or delivered for introduction into interstate commerce. While EPA’s Office of Ground Water and Drinking Water has issued extensive regulations on the production, distribution and quality of drinking water, including regulations on source water protection, operation of drinking water systems, contaminant levels and reporting requirements, the FDA solely regulates bottled water which is consider as a food by the Act.They further disclosed that under the FFDCA, manufacturers are responsible for producing safe, wholesome and truthfully labelled food products, including bottled water products. According to the authors, it is a violation of the law to introduce into inter-state commerce adulterated or misbranded products that violate the various provisions of the FFDCA. Furthermore, the FDA established specific regulations for bottled water in Title 21 of the Code of Federal Regulations which includes standard of identity regulations that define different types of bottled water, such as spring water and mineral water, and standard of quality regulations that establish allowable levels for contaminants (chemical, physical, microbial and radiological) in bottled water. The FDA also established Current Good Manufacturing Practice (CGMP) regulations for the processing and bottling of bottled drinking water.

These regulations require that the bottled water be safe and that it be processed, bottled, held and transported under sanitary conditions.The authors disclosed that the processing practices addressed in the CGMP regulations include protection of the water source from contamination, sanitation at the bottling facility, quality control to assure the bacteriological and chemical safety of the water, and sampling and testing of source water and the final product for microbiological, chemical, and radiological contaminants. The regulation requires the bottler to maintain source approval and show testing records to government inspectors. Bottlers are responsible for ensuring that their bottled water can pass the tests used by FDA in its own laboratories, should testing be performed by the FDA.

The authors also note that FDA monitors and inspects bottled water products and processing plants under its general food safety programme. According to the authors, the FDA’s experience over the years has shown that bottled water has a good safety record, bottled water plants generally are assigned low priority for inspection. They maintain that FDA inspects violative firms more frequently depending on the number, significance and recurrence of violations. The FDA also follows up on consumer and trade complaints and other leads, as appropriate, on potentially violative bottled water products. Nevertheless, the work highlighted some of the clauses in FFDC Act regulating bottled water in United States but did not give detailed analysis. The authors also disclosed about the involvement of the state and local government including some associations in regulating bottled water but did not identify those regulations. Furthermore, the authors did not disclose if these regulations of FDA is conflicting with the state and local government including the associations because some of these regulations varies from state to state especially in defining types of bottled water. The authors also did not disclosed details of what FDA inspectors look for during inspections in their work.Li et al[30]carried out a review on the microbiological safety of bottled water in Canada. The authors did a comprehensive review and analysis of studies on bottled water in Canada and beyond. On the laws regulating bottled water in Canada, the authors disclose that bottled water is considered to be a food product and is regulated through the Canadian Food and Drugs Act. Furthermore, the authors also disclose that the laws regulating bottled water in Canada are under Division 12 of the Regulations. According to the authors, bottled water from other sources such as municipal water and well water can be treated or modified to make it suitable for human consumption. Harmful bacteria can be removed by the treatment of carbonation, ozonisation, ultraviolet irradiation and filtration.

The bottled water can be distilled or passed through different de-ionization processes to remove their minerals, or they are simply municipal tap waters bottled for sale. The final products must be properly labelled to show how they have been treated.The law requires that inspectors from the Canadian Food Inspection Agency (CFIA) visit bottling plants every 12 to 18 months to examine the results of regular tests for bacteria and other contaminants. Imported products are also regularly inspected to ensure their safety. The authors disclose that if the agency finds out that a manufacturer is not meeting Canadian standards, inspectors will take appropriate actions to correct the situation, including following up with the manufacturer or the importer.

Concerning the safety measures taken by bottled water industries according to the authors, the Canadian Bottled Water Association (CBWA) ensures that its members pass an annual, unannounced plant inspection administered by an independent, internationally recognized organization. The regulation requires members to regularly conduct microbial testing by qualified personnel and pass an annual water analysis administered by an independent government certified laboratory. The authors also disclose that there have been several critics on the regulations of bottled water and tap water in Canada. There are more regulations for tap water and more samples are tested on a regular basis than the bottled water. Thus, the Ontario Ministry of Environment sets a minimum number of bacteria samples to be taken by municipal water treatment plants each month. In same vein, bottled water companies, which are regulated federally, are not required to take a minimum number of tests. Although members of the Canadian Bottled Water Association have to follow strict standards, all of its conditions, including daily tests for bacterial contamination, remain voluntary.

The authors conclude that there have been several criticisms that bottled water tests are neither regular nor rigorous. Inspection by the inspectors from the CFIA to check bottling plants every 12 to 18 months is not adequate enough. And also there are no guidelines on the frequency with which manufacturers must test their water. The authors point out that the Canadian Bottled Water Association requires members to follow stringent code of practices. However, all the conditions remain voluntary and not all bottled water manufacturers belong to the CBWA. Furthermore, membership of the bottled water association is not indicated on the product label and thus, it may be difficult for consumers to find out if a particular brand belongs to the CBWA.

The authors also disclose that the minor improvement on the microbial quality of bottled water examined during the 1990s as compared to the 1980s indicates that more effort is needed to ensure the safety of bottled water. The authors recommend that more extensive surveillance of bottled water industries and more stringent regulations should be developed and enforced. They, however, failed to suggest how the laws that regulate bottled water can be strengthened in Canada.

Bollyky and Stamford[31]disclose that ozone treatment enhances the water quality of most drinking water in Pan American Conference organized by International Ozone Association. The paper was centered on the ozone treatment as a key and essential treatment for the production of safe, high quality, good tasting, aesthetically pleasing and storage stable bottled water that the consumers have come to expect. The authors disclose that the development and adaptation of ozone treatment in the 1970s resolved the troublesome and sometimes embarrassing problems with disinfection and storage stability and set the water bottling industry onto its decades long rapid double digit growth pattern. The authors maintain that ozone treatment is the most frequently used disinfection process in water bottling today. They further disclose that the application of a single ozone treatment step, the water bottler can disinfect the water, the bottling equipment, the bottle, the air above the water and the sealed cap of the bottle, thereby providing a most effective barrier to microbiological contamination for the protection and benefit of the consumer. These are the reasons why most water bottlers rely on ozone treatment to provide a safe, good tasting, aesthetically pleasing and storage stable product. According to the authors, ozone treatment is the most acceptable routine part of the water bottling process and many of its other benefits beyond the disinfection have been taken for granted and nearly forgotten. They also disclose other benefits of ozone treatment such as; improved taste, elimination of odour, and longer storage stability. They maintain that these benefits have improved their product substantially making it safe and have good taste. The authors maintain that since ozone treatment has become such a key process for the water bottlers, they need to stay current with the advancement in technology that enhances improvements in the ozone treatment process. The authors also advise that the U.S authority review the regulatory and procedural changes in FDA, USEPA, and IBWA standards.

The authors focus on the benefits of ozone treatment of bottled water while the laws that regulated bottled water was not considered. The authors suggest a constant review of regulatory and procedural change in FDA which is responsible for bottled water but did not disclose some of these changes that should be made.

Ullah et al[32] conducted a comparative study on the bottled water with tap water collected from different areas in Riyadh, Saudi Arabia to ascertain the presence of pathogenic bacteria. The bacterial isolates identified by the Biolog system include Bacillus cereus, Staphylococcus sp. and Pseudomonas aeruginosain bottled drinking water, whereas tap water was mainly contaminated by P. aeruginosa. According to the authors, bacterial contamination was highly in tap water samples and higher mineral content, while bacterial cell count determined as CFU/ml was also observed in bottled drinking water. Furthermore, the study proved that the mean values of bottled drinking water and municipal tap water showed a highly significant difference, but both were below the optimum fluoride levels (0.75 to 1 ppm). The samples showed fluoride concentrations between 0.90, 0.92, and 0.94 mg/L, slightly below the optimal level of 1.00 mg/L. Consequently, tap water samples showed higher levels of mineral and toxic substances content especially sodium, potassium, calcium, magnesium, aluminium, chloride, bicarbonates and pH compared to bottled water samples being tested in this study. In conclusion, the study proved that tap water was found to have higher bacterial count when compared to bottled water. This bacterial count becomes significantly reduced with the use of SODIS water treatment 1 to 2 days under direct sunlight exposure; giving new cheapest and promising protocol for cleaning water to become safer to use and drink. Nevertheless, the authors did not in any way mention about the regulating agency nor the guideline regulating bottled water in Saudi Arabia.

Addo et al[33]conducted a study on the bottled water consumed in Ghana. According to the authors, the earlier investigations conducted on the safety of drinking water in Kumasi, the second largest city in Ghana reported that bottled water was of good microbiological quality while the quality of some plastic bagged drinking water was noted to be doubtful. In the study, ten different batches of seven brands of bottled water currently available on the Ghanaian market were collected randomly from the market centers in Accra between July and September 2007 and transported to the bacteriology laboratory of the Noguchi Memorial Institute for Medical Research, Legon on ice packs within hours after collection. The samples were taken through bacteriological examination immediately upon arrival. The study also made references to other countries such as the United Arab Emirates, where results shows that about 90% of the populace drink bottled mineral water; the study also showed that 40% of the bottled water was bacteriologically contaminated; In Canada the study it indicated that 46% of the domestic purified waters exceeded the Canadian bottled-water standard of 100 colony forming units per millilitre for plate counts; and in Portugal, during the cholera epidemic of 1974, bottled mineral water was identified as one of the vehicles of transmission of Vibrio cholerae. Consequently, the study indicated that there was no bacteriological contamination in the selected brands of bottled water per every 100 ml analysed. According to the study, the results obtained in the study were comparable and in agreement with similar reports by other researchers, which indicate that bottled water generally met the criteria set by the WHO on drinking water quality. The authors recommended that more extensive surveillance of bottled water industries and more stringent regulations should be developed and enforced to ensure that the standards recorded in this study are maintained. The authors did not disclose how adequate the laws regulating bottled water nor the regulating agency in Ghana are.

Ehlers et al[34] conducted a random survey on the microbial quality of bottled water in South Africa. The authors went into this research because there had been a growing concern about the microbiological quality of bottled water. The authors disclose that most of the retail outlets in South Africa sell local as well as imported bottled water to consumers in the country. The authors used 10 different bottled water sample for the microbiological quality (8 local and 2 imported) test for a period of three months on days 1, 30 and 90. According to the research, the result indicated that eight local and two imported brands of bottled water tested were free of total and faecal coliform bacteria, enterococci, C. perfringens, bacteriophages and selected enteric viruses. The authors unravelled that the levels of HPC bacteria that exceeded the specifications of the SABS were, however, detected in two of the ten brands analyzed (Brands G and H). Based on the result obtained from the research, it was concluded that the microbial contamination of bottled natural water is most likely to occur due to improperly cleaned equipment and bottles, failure of ozonisation or UV equipment or due to contamination of the water by workers. The research also buttressed that the results obtained in this study were comparable and in agreement with similar reports by other researchers. Nevertheless, the research did not mention any law regulating bottled water in South Africa. Out of all the literature researched for this research thesis on laws regulating bottled water in developing and advanced countries, only the works of Akunyili, Dada, Odigie and Odion, Posnick and Kim, and Li Lacroix, and Powell, addressed some of the laws regulating bottled water in Nigeria, United States of America and Canada respectively. However, no extantliterature have dealt with the comprehensive laws regulating bottled water in Nigeria. The gaps unraveled in the extant literature, in combination with the little we currently know about the legal framework for regulation of bottled water, therefore, this research would fill that gap.

1.7. Conceptual Clarification

1.7.1. Law

Black defined law as that which is laid down, ordained, or established. A rule or method according to which phenomena or actions co-exist or follow each other.[35] That which must be obeyed and followed by citizens, subject to sanctions or legal consequences, is a law.[36]Law is a system of rules that are enforced through social institutions to govern behaviour.[37] Laws can be made by legislatures through legislation (resulting in statutes), the executive through decrees and regulations, or judges through binding precedent (normally in common law jurisdictions).Private individuals can create legally binding contracts, including (in some jurisdictions) arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein.In old English jurisprudence, ‘law’ is used to signify an oath, or the privilege of being sworn; as in the, phrases ‘to wage one’s law,’ ‘to loseone’s law.’ Thequestions of law are to be decided by the court, while it is the province of the jury to solve questions of fact. The earliest notion of law was not an enumeration of aprinciple, but a judgment in a particular case. When pronouncedin the early ages, by a king, it was assumed to be the result of direct divine inspiration.

1.7.2 Regulation

Baker defined regulation as an administrative law that involves disputes regarding the authority of administrative agencies that are part of the executive branch and whether their procedures are legal.[38]In the same vein, Dudley and Brito[39]defined regulations as administrative laws or rules thatare the primary vehicles by which the federal government implements laws and agency objectives. According to Dudley and Brito,[40]they are specific standards or instructions concerning what individuals, businesses, and other organizations can or cannot do.Regulations issued by the executive branch affect every aspect of our lives. From the moment you wake up until the time you go to sleep, regulations influence what you do. Yet most people know very little about the impact of regulations or the process by which they are produced.

1.7.3. Bottle

Bottle is a rigid or semi-rigid container typically of glass or plastic having a comparatively narrow neck or mouth and usually no handle. It is also a usually bottle-shape container made of skin for storing a liquid.[41]A bottle means a closed container of any kind in which water is sold for drinking by humans or from which such water is derived. The bottle options are staggering; there is the glass, stainless steel, Aluminum and plastic bottles options.

Glass Bottles[42]

Glass is made from non-renewable resources- sand, silica and limestone. Although these are more plentiful and less environmentally damaging to extract than petroleum, glass bottles still swing the eco-cost meter to high during manufacture because the elements require energy to heat them to 1200⁰C in a furnace. It is far and above the best way to store both food and liquids for a few reasons. Glass offers “purity of taste” meaning it doesn’t impart any flavors into the water or whatever liquid you have in the bottle. Glass also offers peace of mind. Many plastic, and some metal, vessels contain bisphenol A, (BPA) a chemical the FDA began warning against in 2010. Glass is chemical free, made from natural materials and dishwasher safe. There are also different types of glass. Borosilicate is the top of the line, which can withstand high and low temps without shattering and is lighter and less prone to break. Soda lime glass or traditional glasses are great options that are less expensive, but don’t offer the shatter resistance or temperature tolerance of borosilicate.[43]

Stainless Steel Bottles[44]

Stainless steel bottles are typically made from “culinary-grade” stainless steel and come in a wide variety of sizes and some different colors. Several studies have found that stainless steel water bottles are not as safe as previously thought because mental water bottles may leach BPA. Many stainless steel water bottles are actually made from aluminum, which is linked to Alzheimer’s. Bottles made from this material generally also have plastic liners that can contain BPA or other chemicals.[45] Stainless steel bottle can leach iron, chromium and nickel into alkaline and acidic beverages.[46] In my opinion, stainless steel bottles are the second best option (to glass) and the best option in the absence of a glass for reasons of safety. There are no known safety issues associated with using stainless steel, assuming your stainless is indeed stainless and lead free. Some people think stainless bottles make water taste metallic, and stainless steel bottles will heat up in the summer temperatures. This is not true even though some stainless bottles actually have plastic liners inside. The plain old culinary grade stainless steel is recommended here.[47]

Aluminum Bottles

Aluminum bottles look like stainless steel, but they are very different. Aluminium is made from bauxite, mined from open-pit or dredging mines that have damaging environmental impacts. Aluminum is reactive with acidic liquids so aluminum bottles have to be lined with enamel or epoxy that can wear away over time, and BPA is often a main ingredient used in epoxy. Like stainless steel, aluminum will also dent if you drop it, and it is not dishwasher safe.[48]

Plastic bottles[49]

Plastic bottles come in a wide variety from disposable to reusable. Plastic bottles frequently contain BPA, which has been linked to cancer disease. Although some companies have stopped using BPA in production of plastic bottles because the polycarbonate plastic, a type of plastic used in many household and food products, gradually leaches a chemical called bisphenol-A (BPA) into foods and liquids that are stored in containers made from this material. The chemical compounds released by these plastics can alter hormones and have other potential human health effects. Animals, including more than 180 species of which have been documented to ingest plastic debris, are also affected by the chemicals and can be permanently injured or die as a result of the poison.[50] Plastic is not a natural substance and chemicals can still leach into your water. Inexpensive disposable water bottles are made of plastic #1 or PET. Some people try to wash these bottles out and reuse them, but bottles made out of #1 are not reusable. Bottles made of #1 are not durable enough to withstand use, cleaning and reuse without losing their integrity. Cracks can form in these bottles and bacteria can easily grow. This is especially true if the bottle is stored in a warm area like a garage or a car.[51] One of the most obvious impacts of plastic bottles is what happens after the water has been consumed. Despite recycling infrastructure that exists in order to facilitate the recycling of these bottles, 86% of plastic water bottles used in the United State America become garbage that ends up in landfills throughout the country.[52] Considering that approximately 60 million plastic water bottles are used every day in the United State America, it can be assumed that nearly 18,834,000,000 end up in the landfill each year. Each bottle can take up to 700 years to decompose. The landfill issue, however, is not limited to plastic bottles. More than 28 billion glass bottles and jars also end up in landfills each year. Even though consumers may think they are recycling, a study conducted by the Container Recycling Institute shows that 40% of all glass bottles put in single-stream recycling bins end up in the landfill and unlike plastic, glass that ends up in a landfill will never decompose.[53] The good news is that not every plastic water bottle ends up in the landfill. Plastic water bottles can be recycled and are, in fact, the third most recycled product in Canada. When these bottles are recycled, they are then used to make playground equipment, automobile parts, carpeting, clothing, sleeping bags, shoes, luggage and other plastic containers. The same holds true for glass bottles. While glass is difficult to recycle because it has to be separated by colour and breaks easily, recycling just one glass jar saves enough electricity to light an 11W CFL bulb for 20 hours and cuts water pollution by 50%. Unlike plastic bottles however, glass jars and bottles can be reused without fear of emitting toxic chemicals and recycled and re-manufactured an infinite amount of times without wearing out.[54]

Water is an essential part of everyone’s daily diet. People are drinking bottled water because of a trend toward healthier lifestyles and the desire for safe, consistent quality beverages. The convenience, consistent safety, and quality of bottled water provide consumers with a choice for their hydration needs. The Bottled Water Regulations only apply to water, but are silent on the container that should be used in bottling the water. For instance, the quality of polyethylene terephthalate (PET) bottles that should be used. Some of the plastic bottles are substandard and may constitute health hazard to consumers of bottled water. For instance, in United State America, the materials used in producing plastic containers for bottled water are regulated by the FDA as food contact substances. The Regulations do not specifically empower NAFDAC to require bottlers to report test results or use certified laboratories to conduct those tests. Thus, the agency does not set a maximum allowable level for an organic compound commonly used in manufacturing polyvinyl chloride plastics. For instance, under the Safe Drinking Water Act Amendments of 1996 (Section 114(b)), the United State Food and Drug Administration is required to publish for notice and comment a draft study and a final study on the feasibility of appropriate methods of informing consumers about the contents of bottled water. From the foregoing research has shown that glass bottles is the best for bottling of water, because it is much easier to clean and will retain their clarity (without leaking toxic chemicals) after hundreds of washings. Glass also have no effect on the taste or smell of your drink. Glass bottle do not dent if you drop it, and it is dishwasher safe.

1.7.2. Bottled Water

Water, is common name applied to the liquid state of the hydrogen-oxygen compound H₂O. Water is a transparent fluid which forms the world’s streams, lakes, oceans and rain, and is the major constituent of the fluids of living things. As a chemical compound, a water molecule contains one oxygen and two hydrogen atoms that are connected by covalent bonds.

Bottled water is an increasingly popular beverage. According to the Beverage Marketing Corporation, the amount of bottled water consumed in the United States has doubled over the past 10 years. Specifically, between 1998 and 2008, the average per capita consumption of bottled water has increased from 14.7 to 28.5 gallons.[55] In United Kingdom despite the strong growth, it remains a minority market with only a third of adults using bottled water at all and only 5.5% using it every day. Women aged between 25 and 34, and those living in Greater London are the consumer groups with the highest consumption.[56]

1.7.3. Consumer

There seems to be no consensus among writers and legal draftsmen on the precise meaning of the term “consumer”. Rather, the term has been defined in a variety of ways, depending on one’s orientation and the purpose for which the definition is being rendered. Major issues involved in defining the term include:

whether there should be a contractual relationship between the consumer and the seller or supplier of goods or services;
whether the term should relate to the consumption of goods only to the exclusion of services;
whether the term should be restricted to individuals only or should include non-natural (juristic) persons such as partnerships and incorporated bodies, and
whether the term should be restricted to persons only or should include things such as animals and inanimate objects that use products, such as a car that uses (consumes) petrol and lubricants. It is the opinion of the researcher that any good definition of consumer ought to address these issues. Any definition that seeks to restrict the term to contracting parties should be rejected. Similarly, any definition that restricts the meaning of consumer to the buyer, hirer or user of goods, thereby excluding the consumer of services, or which totally excludes non-natural persons from the meaning of the term, will not be generally acceptable. Preferred is a definition that covers both goods and services and is not confined to purchasers but extends to ultimate users and any person who legitimately comes into contact with a product or service.

The Consumer Protection Act[57] in Section 32 defines a consumer to mean:

an individual, who purchases, uses, maintains or disposes of products or services. Consumer protection therefore means the prevention or reduction of wrongs or injuries, and the provision of redress for an individual purchaser, user or disposer of any product or service.[58]

The Consumer Protection Council (CPC) Act^[59] defines consumer as ‘an individual who purchases, uses, maintains or disposes of products or services.’This definition restricts the term to ‘an individual’ thereby excluding non-natural persons such as partnerships and unincorporated bodies.^[60] To ensure a comprehensive statutory definition of consumer in Nigeria, the Nigerian Law Reform Commission has recommended that a consumer should be defined as:

any person, natural or legal, to whom goods or services or credit are supplied or sought to be supplied by another person in the course of a business carried on by that other person, and includes any person who uses the goods or services or who the supplier ought to have in contemplation that will be affected by such goods and services.[61]

The phrase ‘any person, natural or legal’ in the proposed definition seeks to extend the meaning to incorporated bodies.^[62] This will strike at the core of consumerprotection, which is to guard against the power imbalance between the consumer and the supplier of goods and services that, in most cases, are companies.^[63]

The definition of the term in the Indian Consumer Protection Act 1986,^[64] which covers self-employed traders and professionals who make use of goods personally, is preferable. The terms ‘consumer’ is generic and broad, encompassing different categories of persons. It can therefore, be defined broadly as a person or group or association of persons, institution, organisation (other than incorporated bodies) to whom or to which goods or services are supplied or sought to be supplied by another person in the course of a business carried on by that other person as well as any person who uses or is affected by the use of goods or services.

1.7.4. Consumer Protection

Consumer Protection is a term applied to the efforts of government, public-interest organisations, individuals, and businesses to establish, protect, and enforce the rights of people who buy products such as food and automobiles or services such as health care and insurance. The United Nations Guidelines for Consumer Protection (UNGCP)are ‘a valuable set of principles for setting out the main characteristics of effective consumer protection legislation, enforcement institutions and redress systems and for assisting interested Member States in formulating and enforcing domestic and regional laws, rules and regulations that are suitable to their own economic and social and environmental circumstances, as well as promoting international enforcement cooperation among Member States and encouraging the sharing of experiences in consumer protection’. They were first adopted by the General Assembly in resolution 39/248 of 16 April 1985, later expanded by the Economic and Social Council in resolution E/1999/INF/2/Add.2 of 26 July 1999, and recently revised by the General Assembly in resolution 70/186 of 22 December 2015.[65]The updated United Nations Guidelines for Consumer Protection (UNGCP) was adopted at the General Assembly of the United Nations in December 2015 and was made publicly available in February 2016.[66]The United Nations Guidelines for Consumer Protection (UNGCP) act as an international reference point of the consumer movement, but with new developments in technology and business practices, there is a strong argument for revising them to ensure they are still relevant to the challenges facing consumers.[67] Based on the foregoing the Consumer Council (the Council) was invited by the United Nations Conference on Trade and Development (UNCTAD) to participate in the revision process, which was commenced in 2012 and completed in 2015. The Council provided advice for the strengthening and updating of the UNGCP by provision of information in relation to the application of the UNGCP principles to Hong Kong, participation in working groups and submissions of written responses on the Draft Resolution for consideration by the General Assembly.

The United Nations General Assembly by its Resolution[68] unanimously adopted Guidelines for Consumer Protection which member nations are expected to implement. Each of these Guidelines/rights is of major importance in the objectives of the consumer-protection movement[69]. They gave important legitimacy to the principles of consumer rights and practical support and guidance for developing national consumer protection legislation. After 10 years of campaigning by CI, and ahard fight of advocacy for Consumer Protection Guidelines at the international level, the guidelines were adopted by the General Assembly in 2015[70]The updated UNGCP provides new references and updated policies to tackle emerging consumer protection issues in financial services, privacy, energy, travel and tourism. The updated UNGCP new references are:

Access to essential goods and services, and the protection of vulnerable and disadvantaged consumers are recognized as new consumer legitimate needs;
New guidance on e-commerce, parity of treatment between online and offline consumers and protection of consumer privacy;
New guidance on financial services, public utilities, good business practices and international cooperation; and
A new Intergovernmental Group of Experts (IGE) on consumer protection law and policy to monitor the implementation of the UNGCP, serving as a forum for exchange.[71]Consumer protection is concerned with the prevention of accidents, wrongs or injuries that occur to consumers. Statutes that create offences relating to product quality or standards,^[72],^[73] provide administrative control^[74] and regulate trade practices^[75] in favour of the consumers, all have accident prevention or deterrent policies underlying them. Another sense in which the term ‘protection’ may be understood in relation to the consumer is the provision of redress for the consumer who has been injured or who has suffered a loss or damage.^[76] Consumer protection has been defined as the act of safeguarding the interests of the consumer in matters relating to the supply of goods and services, fraudulent and hazardous practices, as well as environmental degradation.^[77] It involves the prevention or reduction of wrongs or injuries, and the provision of redress for an individual purchaser, user or disposer of any product or service.^[78] This broad meaning of consumer protection is preferable to those that seek to restrict the term to ‘legislation which protects the interests of consumers.’^[79] Thus, consumer protection comprises of laws, policies and practices, which aim at safeguarding the interests of consumers of goods and services, including the provision of redress for wrongs or injuries arising from or associated with the purchase, use, handling or contact with goods and services. These include laws that regulate the production, importation, exportation, storage, advertisement, distribution, sale and hire of products or goods;^[80]^,[81] prohibit trade malpractices;^[82] regulate provision of services; and provide redress for consumers.^[83]

Consumer protection law is an amalgam of private law and public law as well as statute law and case law. It combines civil remedies, criminal sanctions and administrative regulations in the quest to effectively protect the consumer from the exploitation of the producer. Consumer protection laws can be classified in various ways: federal or state laws, product or service liability, civil or criminal and statute or case law. In United State of America, federal and state governments have enforced laws that benefited consumers, such as those setting uniform weights and measures. Private organisations have worked to solve consumers’ problems and represent their interests. Concern for consumer rights has peaked in three periods: the Progressive era of the 1890s and early 1900s, the depression years of the 1930s, and the 1960s and 70s.Industrializationbrought to other countries the same kinds of consumer problems it caused in the U.S., and response to these problems has been similar. In many nations the government plays a major role in product testing and consumer education. In the Scandinavian countries and Mexico, for example, the government funds consumer information and education activities. Some nations place great emphasis on informative labeling. The Swedish Institute for Informative Labeling, for instance, works to promote the use of standardized labels that include information about the product’s performance in specific ‘standardized methods of measuring performance’ tests. Other countries focus their efforts on making consumer assistance and information more accessible. Austria’s VereinfürKonsumenten Information operates a demonstration center in Vienna where the public can inspect available brands and receive impartial buying advice. Most industrialised nations, and many developing countries, have consumer product testing organisations that also publish reports on product tests, services, and other matters of importance to consumers.The Consumers International (CI) links activities of some 127 organisations in 51 countries. It serves as an international forum on consumer problems and works to stimulate an interchange of product test information, consumer education materials, and other data among organizations of different nations. CI sponsors an Asian-Pacific Regional Office to assist consumers in developing countries. The organisation also represents consumer interests in international agencies such as the United Nations.

1.8. Organisation of the work

This work is structured into five chapters. Chapter one is the general introduction. Chapter two deals with the principal legislation relating to bottled water in Nigeria. Chapter three discusses subsidiary legislation on bottled water. Chapter four treats monitoring and enforcement by regulatory agencies and judicial pronouncement.Finally, Chapter five is the summary of findings, recommendations and conclusion made on the work.

[1]G M Wordlaw; J S Hampl and R A Disilvestro, ‘Perspectives in Nutrition’, [2004] (6th ed.) McGraw-Hill Publishers, New York, pp. 372 -412

[2] F Monye, ‘Law of Consumer Protection’ (Ibadan: Spectrum Books Limited,2003) p. 47.

[3] Udofa,Kingsley David, ‘Water Pollution, meaning, implication and the law’ [email protected] accessed 25/01/15

[4] West Larry,‘A Billion People Worldwide Lack Safe Drinking Water’, [2006] a paper presented at the world water day,Last access 26/3/06

[5] ibid

[6] Telesure, ‘Half a Billion Lack Access to Clean Drinking Water’,[2017], published by Telesur water Aid’s Report, Last access 22/3/17,

[7]Udofa, Kingsley David‘Water Pollution and the law’, [2011] [email protected] accessed 25/01/2015

[8] Princewill Ekwujuru‘Bottled Water: The Hidden Facts.’ [2011] (Vanguard,) p 15. Last accessed 31/01/11

[9] NAFDAC Act CAP N1 Laws of the Federal Republic of Nigeria, 2004

[10]IBWA Code of Practice International Bottled Water Association, Bottled Water Code of Practice. [2012] Retrieved from: http://www.bottledwater.org. Last accessed 25/01/2015

[11] C A Dada,‘Towards a Successful Packaged Water Regulation in Nigeria’ [2009] (4 ) (9) Scientific Research and Essay,

[12]Ibid

[13] D Odigie and JOdion,, ‘The Impact of Consumers Protection Laws and the Regulatory Schemes in Nigeria’, [2011] (2) (1), International Journal of Advanced Legal Studies and Governance.

[14]Consumer Protection Council Act, Chapter C25, LFN 2004.

[15]Princewill Ekwujuru, ‘Bottled Water: The Hidden facts’’ [2011] (Vanguard,) p 15. Last accessed 31/01/11

[16]R Rowlands Comment : ‘Soft Drinks & Water – Bottled Water in Nigeria’,[2012] Retrieved from:www.just-drinks.com/comment/comment-soft-drinks-water-bottled-water… Last accessed 03/04/2015

[17]Group Danone, Societe Des Eaux De Volvic v. Voltic Nig. Limited [2008] SC.223/2002

Retrieved from: https://nlipw.com/voltic-nigeria-limited-v-groupe-danone-anor/ Last accessed 03/04/2015

[18]Virgin Enterprises Ltd. v. Richday Beverages (NIG.) Ltd: Suit No: CA/L/550/15. . Retrieved from:https://nlipw.com/virgin-enterprises-ltd-v-richday-beverages-nig-ltd/ Last accessed 03/04/2015

[19]Waddah Mustapha v. Culligan of Canada Ltd [2008] 2 S.C.R. 114, 2008 SCC 27. Retrieved from: www.thecourt.ca/2008/06/…/mustapha-v-culligan-of-canada-lt… Last accessed 03/04/2015

[20] D O Akunyili, ‘The Role of ‘Pure Water’ and Bottled Water Manufacturers in Nigeria Towards The Millennium Development Goals’ [2003] a paper presented at the 29th WEDC International Conference Abuja, Nigeria,,wedc.iboro.ac.uk.com>conference>akunyili Last accessed 11/12/2004

[21] Paragraph 1, Bottled Water (Advertisement) Regulations S.1.17 of 1995

[22] Paragraph 1, Bottled Water (Labelling) Regulations S.1.8 of 1996

[23] Paragraph 1(1), Bottled Water (Registration) Regulations S.1.18 of 1996

[24] J C Onweluzo and C A. Akuagbazie,‘Assessment of the Quality of the Bottled and Sachet Water sold in Nsukka Town’, [2010] (9) (2)Agro-Science Journal of Tropical Agriculture, Food, Environment and Extension

[25] K T Oladepo, J O Jeje, M O Ogedengbe and O O Fadipe, ‘Technical Assessment of University – Bases Ozoned-Treated Bottled Water Production System’, [2012] (2) (9) Transnational Journal of Science and Technology.

[26] A A Ajayi, M K C Sridhar, L V Adekunle and P A Oluwande, ‘Quality of Packaged Waters Sold in Ibadan, Nigeria’, [2008] (11) African Journal of Biomedical Research, pp.251-258.

[27] D Odigie and J Odion, ‘The Impact of Consumers’ Protection Laws and the Regulatory Schemes in Nigeria’,[2011] (2) (1) International Journal of Advanced Legal Studies and Governance.

[28] C A Dada, ‘Towards a Successful Packaged Water Regulation in Nigeria’, [2009] (4) (9) Scientific Research and Essay, pp. 921 -928.

[29]L M Posnick and H Kim, ‘Bottled Water Regulation and the FDA’, [2002]Food Safety Magazine, the Target Group Publishers, USA,

[30] W M K Li, B Lacroix and D A Powell, ‘The Microbiological Safety of Bottled Water in Canada’ [2001].

http://www.foodsafetynetwork.ca/food/microbiologicalsafetyofbottle.htm Last accessed 10/11/2002

[31]L J Bollyky and C T Stamford, ‘Benefits of ozone treatment for bottled water’, [2002] Pan American Conference, International Ozone Association Proceedings.

[32] AUllah, S T Tahir and P Hikmat, ‘Bacterial control of home-made and imported brands of bottled water in Saudi Arabia’,[2014] (2) (5) International Journal of Environmental Science and Toxicology.

[33] K K Addo, G I Mensah, B Donkor, C Bonsu, and M .L Akyeh,‘Bacteriological quality of Bottled Water sold on the Ghanaian markets’, [2009] (9) (6) African Journal of Food Agriculture Institution and Development.

[34]M M Ehlers, W B Van Zyl, D B Pavlov and E E Müller,‘Random survey of the microbial quality of Bottled Water in South Africa’[2004] (30 )(2)Water SA

[35] H.C Black, Black’s Law Dictionary, [1968], (Revised Fourth Edition. West Pub. England ) p 1028

[36]Koenig v. Flynn, 258 N.Y. 292, 179 N. E. 705

[37]Robertson, Crimes against humanity, Robertson’s Scotch Appeal Cases ; Robertson’s New York Superior Court Reports

[38]ibid

[39] J H Baker, ‘United States Government.’[2008] Microsoft® Encarta® 2009 [DVD]. Redmond, WA: Microsoft Corporation.

[40] S E Dudley, and J Brito, Regulation [2012] (a Primer Second Edition), Washington, DC, United States of America Print

[41] Merriam Webster dictionary (2^nd Edition)

[42] Derek Mellencamp, ‘Water Maters: Bottling your own water: Glass bottles vs. Plastics bottles vs-Stainless steel’, available at www.aquasana.com, Last accessed 2/01/2013

[43]Express recycling and sanitation ‘Glass Bottles — Reuse vs. Recycling’ [2013]Posted by dumpster rental in new jersey on (9/10/13), available at www.express recycling and sanitation.com,Last accessed 2/12/2013

[44] Dr. Joseph Mercola, ‘more safe water bottles that are actually dangerous’, published on (31/10/09), available at www. articles mercola.com . Last accessed 25/10/2010

[45]R Kumar ‘leaching of heavy mental from stainless steel utensils in food stimulants and food materials’,[1994] (53) (2)Bulletin of environmental contamination and toxicology, pg 259-266.

[46] Janet Raloff, Science and Public: ‘Mental Water Bottles’, published on [July 11, 2011] by Bulletin of environmental contamination and toxicology, pg 15.

[47]Glasstic Bottle Co: ‘Glass water bottles vs. Stainless Steel which is better’, published on (18 /4/16), by Glasstic Bottle Co.

[48]Environmental leader: raw sourcing: ‘Glass, Plastic or Aluminum’, published on [Auugust 21, 2008] by Barry Sanel available at http://www.greenlifestylemag.com. Last accessed 5/10/2010

[49]J O Isaac G :‘Disposable drink bottles: Plastic vs glass vs aluminium’, published on [ Tuesday, 31 January 2012] by Greenlifestlye Magazine, available at http:/www.greenlifestyle.comLast accessed 25/01/2013

[50]ibid

[51]Hannah Ellsbury Plastic Water Bottles Impose Health and Environmental Risks’, published on [August 232012] by Ellsbury Articles,available www.banthebottle.netLast accessed 09/06/2013

[52]ibid

[53]Hannah Ellsbury ‘Putting Down the Plastic’, Published on[November 23, 2016] by Ellsbury Articles ,available www.banthebottle.netLast accessed 08/07/2017

[54]Derek Mellencamp ‘Water Maters Bottling your own water Glass bottles vs. Plastics bottles vs-Stainless steel’, [2013] available at www.aquasana.com Last access03/04/2013

[55] Joshua M Sharfstein, M D Principal Deputy Commissioner of Food and Drugs Food and Drug Administration Department of Health and Human Services before the Subcommittee on Oversight and Investigations House Committee on Energy and Commerce, [July 8, 2009]

[56] British Soft Drinks Association 20/22 Stukeley Street, London,WC2B 5LR. www.britishsoftdrinks.com. The BSDA produce the ‘Guide to Good Bottled Water Standards’.

[57] Cap. C25 (LFN) 2004.

[58] Kanyip, B B, ‘Consumer Protection in Nigeria; Law, Theory and Policy’, [2005] ( Abuja: Rekon Books Ltd, 2005),p 27

[59] Act No. 66 of 1992; Cap. C25, Vol. 4, LFN, 2004, s. 32.

[60] For a criticism of the use of the words ‘disposes’ and ‘maintains’ in the definition see O Ajai, ‘Caveat Venditor! Consumer Protection Decree No. 66 of 1992 Arrives in the Nigerian Market Place’ [1992/93] (23)Nigerian Current Law Review, p. 26.

[61] See the Nigerian Law Reform Commission, Workshop Papers on the Reform of Consumer Protection Law (Abuja: Nigerian Law Reform Commission, [2006] p. 10.

[62] This is similar to the meaning of the term in the South African Consumer Protection Act, No. 68 of 2008. S. 1 defines a “persons” to include a juristic person.

[63] The main justification for consumer protection is that in the relationship between the producer and the consumer, one party (the consumer) is in a weaker bargaining position and needs to be protected from being exploited by the party with a stronger bargaining power.

[64]S. 2 (1) (d) Indian Consumer Protection Act 1986 (as amended in 1993).

[65]Guideline for Consumer Protection, UN Department of International Economic and Social Affairs, A/RES/39/248/(1986)

[66]http://unctad.org/en/PublicationsLibrary/ditccplpmisc2016d1_en.pdf.05/12/2016

[67]22 December 2015 recently revised by the General Assembly in resolution 70/186

[68] Resolution 70/186 of [22 December, 2015].

[69] R H Karpatkin and V Been ‘Consumer Protection.’ (Redmond, WA: Microsoft Corporation, 1993- 2008).

[70] The guidelines were first adopted by the General Assembly in resolution 39/248 of 16 April 1985, later expanded by the Economic and Social Council in resolution E/1999/INF/2/Add.2of 26 July 1999,and recently revised by the General Assembly in resolution 70/186 0f [22 December, 2015].

[71] Updated United Nations Guidelines for Consumer Protection, [7 November 2016]

[72] These include Food and Drugs Act, Cap. F32, Vol. 7, Laws of the Federation of Nigeria, 2004 (LFN, 2004); the Counterfeit and Fake Drugs and Unwholesome Processed Food Products (Miscellaneous Provisions) Act, Cap. C34, LFN2004

[73] Standards Organisation of Nigeria Act, Cap. S9, Vol. 14, LFN, 2004 (in relation to products and processes); the National Agency for Food and Drug Administration and Control Act, No. 15 of 1993, Cap. N1, Vol. 10, LFN, 2004 (in relation to food, drugs, cosmetics and devices).

[74]Such as the Consumer Protection Council Act, Cap. C32, LFN 2004 (in relation to products and services generally) and the Nigerian Communications Act, No. 19, 2003 (in relation to telecommunication services, in particular).

[75] Such as the Weights and Measures Act, Cap. W3, LFN 2004 and the Trade Malpractices (Miscellaneous Offences) Act, Cap. T12, LFN 2004.

[76] See HMSO, Final Report of the Committee on Consumer Protection in the UK,(HMSO, Cmnd. 1781,1962)para. 2.

[77]F Monye, ‘Law of Consumer Protection’ (Ibadan: Spectrum Books Limited,2003) p. 20.

[78]Kanyip, B B ‘Consumer Protection in Nigeria, Law, Theory and Policy’, [2005 ] (Abuja: Rekon Books Ltd.,). p.27.

[79] See for example, R Bird, Osborn’s Concise Law Dictionary, 7^th ed. (London: Sweet and Maxwell, 1983) p. 90.

[80] These include the Standards Organisation of Nigeria Act, 1971, Cap. S9, Vol. 14, LFN, 2004; the Food and Drugs Act, Cap. F32, Vol. 7, LFN, 2004

[81]The National Agency for Food and Drug Administration and Control Act, No. 15, 1993; Cap. N1, Vol. 10, LFN, 2004 and the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act No. 25, 1999; Cap. C34, Vol. 4, LFN, 2004 and the Food, Drugs and Related Products (Registration, etc.)Act, Cap. F33, LFN, 2004. Others are the Sale of Goods Laws of the various states in Nigeria; the Hire Purchase Act, 1965, Cap H4, Vol. 7, LFN 2004.

[82] Such as the Price Control Act, 1977, Cap. P28, Vol. 14, LFN, 2004; the Weights and Measures Act, 1974, Cap. W3, Vol. 15, LFN, 2004 and; the Trade Malpractices (Miscellaneous Offences) Act No. 67, 1992; Cap. T12, Vol. 15, LFN, 2004. ⁵⁸ Such as the Nigerian Communications Act, No. 19, 2003 regulating telecommunications services in Nigeria and statutes regulating various professions and rules of professional conducts made pursuant to such statutes. For example, the Rules of Professional Conduct in the Legal Profession in Nigeria made pursuant to s. 11(4) of the Legal Practitioners’ Act, Cap. L11, Vol. 8, LFN, 2004.

[83] The general statutes in this regard in Nigeria is the Consumer Protection Council Act, Cap. C25, Vol. 4, LFN, 2004.

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AN ANALYSIS OF THE LEGAL FRAMEWORK FOR REGULATION OF BOTTLED WATER IN NIGERIA

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AN ANALYSIS OF THE LEGAL FRAMEWORK FOR REGULATION OF BOTTLED WATER IN NIGERIA

ASSESSMENT OF FACTORS AFFECTING CONTRACTORS TENDER FOR CONSTRUCTION PROJECTS IN NIGERIA

ANALYSIS OF GENOCIDE AND INSURGENCY IN NORTHERN NIGERIA

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AN ANALYSIS OF THE LEGAL FRAMEWORK FOR REGULATION OF BOTTLED WATER IN NIGERIA

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CHAPTER TWO: PRINCIPAL LEGISLATION RELATING TO BOTTLED

WATER IN NIGERIA

2.1. Food, Drugs and Related Products (Registration, etc) Act, 1993……………… 34

2.2. Counterfeit and Fake Drugs and Unwholesome Processed Food (Miscellaneous

Provisions) Act, 1999…………………………………………………………… 36

2.3.National Agency for Food and Drug Administration and Control Act1993……… 40

2.4 Standards Organisation of Nigeria Act,2015…………………………….. 40

2.4.1. Functions of SON and the Governing Council…………………………. 42

CHAPTER ONE

GENERAL INTRODUCTION

1.0. Background to the Study

Glass Bottles[42]

Stainless Steel Bottles[44]

Aluminum Bottles

Plastic bottles[49]

1.7.4. Consumer Protection

[48]Environmental leader: raw sourcing: ‘Glass, Plastic or Aluminum’, published on [Auugust 21, 2008] by Barry Sanel available at http://www.greenlifestylemag.com. Last accessed 5/10/2010

[51]Hannah Ellsbury Plastic Water Bottles Impose Health and Environmental Risks’, published on [August 232012] by Ellsbury Articles,available www.banthebottle.netLast accessed 09/06/2013

[53]Hannah Ellsbury ‘Putting Down the Plastic’, Published on[November 23, 2016] by Ellsbury Articles ,available www.banthebottle.netLast accessed 08/07/2017

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ASSESSMENT OF FACTORS AFFECTING CONTRACTORS TENDER FOR CONSTRUCTION PROJECTS IN NIGERIA

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