CFTC Continues With Investigations into ‘Aqua Pure' Defective Water; Bowler Beverage Complying with Investigations
The Competition and Fair Trading Commission (CFTC) says Bowler Beverage Company alleged in selling of defective product a bottled water ‘Aqua Pure Water’ is complying to its on going investigations as the company has acknowledged of distributing of defective product.
Following increased consumer complaints, CFTC 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
The 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,
Executive Director for the commission Charlotte Wezi Malonda said the commission is currently on preliminary stage of its investigations, which if it finds wrong doing by Bowler Beverage then the Commission together with other stakeholders would be involved in “trying to find ways of helping the company”
The findings of laboratory tests showed that “Aqua Pure bottled water failed to comply with minimum standard requirements on total plate count and coliform bacteria.” Which essentially means that the Aqua Pure bottled water which Bowler Beverages Company Ltd was supplying into the market was certified unfit for human consumption by the bureau until it satisfies whatever requirements stipulated by MBS.
“As a Commission we are going to fully investigate the matter so that we see the extent of the defective product which was distributed on the market we received the complaint that there were some government departments that procured this product and they realized that after some time the product was having some residues in bottles, even though it had not been opened”
She said “Samples of the product were sent for testing to the bureau of standards and we requested the results which proved that indeed the product was not fit for consumption. We also understand that further action has been taken by the Malawi Bureau of Standards in relation to the production but our main concern is the distribution of the product which we feel is the breach of the law because according to the Act, an enterprise is not supposed to sell to a consumer the product which is not fit for human consumption.”
Then CFTC ED said is pleased that Bowler Beverage has already acknowledged of distributing defective product “We have been provided with new information that, actually it is specific product manufactured within a specific period of time, so we are happy with the acknowledgement that has been made by the company, that some of their products did not pass the fitment test”
The commission’s action of recalling the product from the market Malonda said “We did not ban the product but we want the company to take the responsibility of the defective product and remove it from the market.”
She however said the commission is yet to find out if the company has completely removed its defected product on the market.
CFTC on March 11 2015, issued statement informing general public that it 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 CFTC further advised Bowler Beverages Company Ltd, to immediately recall the product from the market given the substantial evidence provided by the MBS certifying that the product is unfit for human consumption.
