Wednesday, March 11, 2015

ALLEGED SUPPLY OF PRODUCT LIKELY TO CAUSE INJURY TO HEALTH OR PHYSICAL HARM TO CONSUMERS CONTRARY TO SECTION 43 (1) E OF THE COMPETITION AND FAIR TRADING ACT AQUA PURE BOTTLED WATER

PUBLIC NOTICE OF INVESTIGATION



Following increased consumer complaints, the Competition and Fair Trading Commission and the Ministry of Industry and Trade requested the Malawi Bureau of Standards (MBS) to conduct laboratory tests for Aqua Pure bottled water to determine its conformity with prescribed consumer safety standards, in particular MS 699-Mandatory Malawi Standard on Bottled Water other than Mineral Water Specification.

This request was in pursuit of the Commission's mandate of regulating, monitoring, controlling and preventing acts or behaviour which are likely to adversely affect competition and consumer welfare in Malawi as provided under the Competition and Fair Trading Act.

Findings of laboratory tests conducted by MBS showed that Aqua Pure bottled water failed to comply with minimum standard requirements on total plate count and coliform bacteria. This essentially means that the Aqua Pure bottled water which Bowler Beverages Company Ltd is supplying into the market has been certified unfit for human consumption by the Malawi Bureau of Standards until it satisfies whatever requirements stipulated by MBS.

In view of this, the general public is being informed that the Competition and Fair Trading Commission has instituted formal investigations against Bowler Beverages Company Ltd for alleged supply of products which are likely to cause injury to health or physical harm to consumers, when properly used or which do not comply with
prescribed consumer safety standards contrary to Section 43(1)(e) of the Competition and Fair Trading Act.

In light of the prima facie evidence on the standard of this product, and in the interest of protecting the public, the Competition and Fair Trading Commission is advising Bowler Beverages Company Ltd, that it is required to immediately recall the product from the market given the substantial evidence provided by the Malawi Bureau of Standards certifying that the product is unfit for human consumption.


CHARLOTTE WEZI MALONDA
EXECUTIVE DIRECTOR

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