Section 135 Federal Competition and Consumer Protection Act 2018

Section 135 of the Federal Competition and Consumer Protection Act 2018 is about Duty to withdraw hazardous goods from the market. It is under Part XVI (Duties of Manufacturers, Importers, Distributors and Suppliers of Goods and Services) of the Act.

(1) Upon becoming aware of any unforeseen hazard arising from the use of goods already placed on the market, the manufacturer or distributor of such goods shall notify the general public immediately of such risk or danger and cause such goods to be withdrawn from the market.

(2) An undertaking that violates the provisions of section 134 of this Act or subsection (1) commits an offence and –

(a) where the undertaking is a natural person, is liable on conviction to imprisonment for a term not exceeding three years or to payment of a fine not exceeding N10,000,000.00 or to both the fine and imprisonment; and
(b) where the undertaking is a body corporate, is liable on conviction to a fine not exceeding 1 0% of its turnover in the preceding business year;

(3) In the case of a body corporate referred to in subsection (2) (b), each director of the body corporate is liable to be proceeded against and on conviction dealt with as specified in subsection (2) (a).

(4) Where a consumer suffers loss or injury by the violation of any person of provisions of section 13 4 of this Act or subsection (1), the consumer shall have a right to be awarded compensation by the Commission.