LEGAL SENSE (Hint 32)
by ANSLAM C. AGIM, ESQ
“Offer for Sale, Sale or Contract under FALSE label, package, advert, quality, character brand name, value, composition, merit, safety, weigh, measure of any Product/Goods is a punishable Criminal Offence”.
For purpose of sale, contract or other dealing, a Person commits criminal offence when he/she does any of the following acts:
a) Packages, sells, offers for sale or advertises any product in a manner that is false or misleading or is likely to create wrong impression as to its quality, character, brand name, value, composition, merit or safety; or
b) Uses or has in his possession for use any weight, measure, weighing instrument or measuring instrument which is false or unjust; or
c) Uses or has in his possession for use any weight, measure, weighing instrument or measuring instrument not stamped or marked as required under the Weights and Measures Act or any other law in respect of which no certification of verification is in force; or
d) Sells any products by weight or measures in any warehouse, market, store or other public place and refuses to weigh or measure the product in the presence of the person to whom the product was delivered when requested to do so by that person; or
e) With intent to defraud, alters any weight, measure, weighing instrument or measuring instrument stamped or marked pursuant to the Weights and Measures Act or uses altered weight, measure, weighing instrument or measuring instrument; or
f) Sells any product by weight, measure or number and delivers or causes to be delivered to the purchaser a less weight, measure or number, as the case may be, than is purported to be sold or corresponds with the price charged; or
g) Makes any misrepresentation however or does or omits to do any act, matter or thing calculated or likely to mislead the seller or purchaser or prospective seller or purchaser, as the case may be, as to its weight or measure or as to the number to be sold or offered for sale; or
h) Advertise or invite subscription for any product or project which does not exist.
Legal Authority: Section 2(1)(a), (b), (c), (d), (e), (f), (g) and (h) Trade Malpractices (Miscellaneous Offences) Act.
Legal Advice: The punishment for the above stated Offence is fine of not less than N50,000.00 (Fifty Thousand Naira). Since, the fine provided by the Law is the minimum fine. The maximum fine depends on the circumstances of each case, hence, the fine can be up to trillions naira.
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