Regulatory Remedies in the Enforcement of Product Quality and Safety Standards in Ghana: A Case for Reform from a Comparative Analysis

Main author: Yidana, Nuhu
Format: Journal Article           
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Summary: This article examines the regulatory remedies in the enforcement of consumer law regarding the quality and safety standards of goods in Ghana. The article argues that the remedies which the regulatory institutions administer in their enforcement of consumer law in Ghana are focused mainly on punishing the manufacturer or seller of the goods. The article further contends that there are presently no provisions in the regulatory remedies for the manufacturer or seller who breached the established quality and safety standards of goods to compensate affected consumers on account of the breach. As a result, consumers only have access to common law remedies in tort for the manufacturer’s or seller’s negligence. However, this reprieve is illusory for many Ghanaian consumers as litigation is expensive and in most cases, beyond the reach of the average consumer in Ghana. Consequently, this article advocates for the adoption of the redress category of the enhanced consumer measures (ECMs) similarly introduced by the UK Consumer Rights Act 2015 (CRA 2015) to secure administrative remedies for consumers as part of the regulatory remedies in the enforcement of consumer law regarding the quality and safety standards of goods in Ghana.