Counterfeit and Fake Drugs Provisions Act

An Act criminalizes the manufacture, importation, and distribution of counterfeit, fake, and substandard drugs and processed foods. It imposes strict liability offenses and severe penalties on those who endanger public health. The law empowers regulators to eradicate fake medications and protect citizens from health risks.

What Is This Policy?

Criminalises the manufacture, importation, sale, and distribution of counterfeit, fake, and substandard drugs and processed foods in Nigeria to protect public health.

Who Does It Target?

Pharmaceutical manufacturers and importers Drug distributors, wholesalers, and retailers Processed food producers and distributors NAFDAC enforcement operations

What Does It Aim to Achieve?

Eradicate counterfeit and substandard drugs from the Nigerian market Protect citizens from health risks posed by fake medications Impose severe penalties on offenders to deter counterfeiting Empower NAFDAC to conduct raids and prosecutions

Key Features

Strict Liability Offences: Possession and distribution of counterfeit drugs are offences regardless of knowledge. Severe Penalties: Convictions carry custodial sentences and substantial fines. NAFDAC Enforcement Powers: NAFDAC officers have powers of search, seizure, and arrest under the Act.

Current Status

The Act is in force as it was enacted in 2004 and referenced in the Laws of the Federation of Nigeria.

Legal Framework

National Agency for Food and Drug Administration and Control (NAFDAC) Act; National Health Act 2014; Criminal Code Act; Constitution of the Federal Republic of Nigeria 1999