INTRODUCTION In terms of market behavior Bangladesh is in transition. Neither consumers nor producers are to be seen as absolute king here.

The volume of low quality and fake goods prove ignorance and weak bargaining power of the consumers. Again the increase of advertisement of better goods indicates competition in producers level and selectivity of buyers. In Bangladesh competition among the producers as well as consumers' awareness are increasing. Therefore, with the advertisement any item may raise its sells but if the product lacks the desired quality soon it becomes unpopular. Even when any newly launched product or brand becomes popular in the market, some dishonest traders duplicate the product or brand and cheat the consumers and thus tarnish the image of the popular product or brand which looses its goodwill. Unscrupulous traders and manufacturers usually exploit customers by charging higher artificial price, lucrative advertising, packing the poor quality products with attractive covers, etc. In an economy where quality fails to play the key role, adulteration and fake products dominate the market, it is not only the consumers who suffer, so do the honest traders and manufacturers. The situation is different in a largely competitive and developed market, whereas the later scenario is characteristic of initial stages of developing market. Here the innocent, simple and illiterate population is revolving in a vicious cycle of poor quality and often adulterated goods. They are often cheated in price with false weights and measures and price hike. The vast mass of illiterate and uninformed consumers, due to lack of proper knowledge, fail to distinguish between real and fake products and ultimately loose faith in the product or market that causes continuous shift in their choice. As a result products of honest and quality producers suffer and their sales decline. Reasons for such imperfection of market economy in Bangladesh are many. However some key reasons may be identified as illiteracy and ignorance of consumers, want of government surveillance, inadequate provision of law, lack of vigilance on the part of manufacturers association, lack of standardization of product, and absence of strong consumer movement. PART 1 : CONSUMER'S SUFFERINGS IN BANGLADESH Competition policy, dominant firms monopolies, mergers, anti-trust consumer concerns and matters like that may, on the face of it, appear to be of somewhat distant interest in the present context of Bangladesh. Consumers in general also seem to be rather unconcerned about these at the moment. True, there have been in existence a number of state owned natural monopolies in the utilities sectors like electricity, natural gas, water supply in municipal areas, telecommunications, railway, ports and so on, but somehow the consumers seemed to have got accustomed to the unredeemed inadequacies of their management and often at high cost. On the other hand, state owned monopolies or quasi monopolies in the production sector even provided benefits to certain sections of the consumers through government subsidies or cross-subsidies in prices of commodities like fertilizer, newsprints, certain counts of cotton yarn, high-speed diesel oil etc. The private sector having been weak so far, there has not been yet mentionable instances of growth of strong and abusive anticompetitive process. However, malpractices and distortions of different sorts have always been present like those precipitated by the actions of both perfect and imperfect oligopolies, informal cartels, hoarding and black marketing of commodities, controlled imports and distribution by traders smuggling etc. creating artificial scarcity to jack up prices. Cases like windfall gains having amassed by a lone mobile phone service provider taking advantage of a temporary monopolistic situation are not many. However the major consumer's sufferings in Bangladesh are:

ADULTERATION AND CONSUMER'S SUFFERINGS: In our society, as we can see now-a-says people engage in selling food grain or food stuff or ready made food have resorted

to adulteration or contamination and pollution simultaneously and they are putting the whole nation into health hazards. These dishonest traders of foodstuff and the owners of restaurants and post hotels are killing people very technically and indirectly just for profit.

Food is the basic need for all. Right to food is one of the fundamental rights of every citizen. Today food security and safety is one of the concerned issues at least in the under developed countries. In this regard Consumers International (CI), the Federal Body of the Consumers Association across the world has attached top priority. And in the last year CI took a series of programmes in the different parts of the world. So far we know, Bangladesh is very keen to ensure food for all and govt. is planning to formulate some action plans for ensuring food security and safe food. However, access to safe and secured food is a basic need for all of us. Food security is defined in its most basic form as accessibility of food to all people at all times as required for maintaining a healthy life. The population and demographic characteristics in Bangladesh have undergone dramatic changes over the past few decades. According to the latest population census of 2001, the population of Bangladesh is estimated at 129 million which, with as area of 1,470 sq. km, give a population density of about 755 per sq. km, one of the highest in the world. We are still far behind in achieving selfsufficiency in food production, though much progress has been made in production of cereal crops. Our dependence on import of essential food items is growing with the rise in population growth. One must admit that an increasingly important issue in development concern is the long-term sustainability of food security. The question is not about being food security in the present and the immediate future but whether access to food on a long-term basis is ensured its a vital question. To our consideration in achieving food security in Bangladesh three major aspects need to be highlighted. - The first in the availability of safe and nutritionally adequate supply of food at both national and household levels. - Secondly, there has to be a reasonable stability in the supply of food specially and seasonally. - Thirdly, each household should have physical and economic access to sufficient, safe and good quality food to satisfy its needs. Of course there are some problems so far identified in respect of food security and food safety in Bangladesh. Those are: -Adequate food is not produced in the country. We are to depend on imports, which creates hardship for the nation to meet costs of import. -We get food from donors, which is meant for the poor & hungry people and also to address the natural disasters. This food however, does not reach the food unsecured people due to faulty supply system. -Gradually, safe food is becoming scarce in the market due to food adulteration, use of pesticides in farm production and indiscriminate use of chemicals in processed food. -Population is growing, though at lesser rate than before. Availability of agricultural land is decreasing due to erosion and use of land for other purposes. -As a result, about 25% of the total population are suffering from food insecurity. And very large number of people is suffering from various diseases. In that case efforts should be taken for Food Security and Safety. Side by side to the Govt. action plan, NGOs can come forward. Food issues have traditionally been major concern for consumer organizations all over the world. And proper steps in influencing both government policy level and consumer behavior. EXAMPLES OF FOOD ADULTERATION: Managers of 2 bread factories jailed Aug 16, 2005

A grimy brush was recovered from the dough of a bakery factory at the city's Dayaganj area yesterday by a mobile court led by Magistrate Rokonuddaula. The court raided New Al Amin and Abdul Mazid bakeries and also found rotten 'morobba' and some hazardous chemicals from these two factories. Managers of the two factories Md Delwar and Abul Kashem were sentenced to one month's simple imprisonment and were fined Tk 1,000 each and in default to suffer for another month in prison under the Section 272 of the Penal Code. BIT restaurant was fined Tk 25,000, Candy fruits Tk 3000, Labamba fast food Tk 25,000, Seashell Chinese restaurant Tk 25,000, Alibaba Sweets Tk 30,000, Mister Bakery Tk 5,000, American-French Chicken restaurant Tk 2,000 and Khajana restaurant Tk 20,000. Posh shopping mall fined Sep 3, 2005 Agora Shopping Mall at Rifles Square in the city was fined Tk 50,000 for selling food items that did not carry manufacturing or expiry dates. A mobile court led by Magistrate Rokonuddaula raided the shopping mall yesterday and found Daimond Maida, Nurani Ata and many other items without these mandatory dates.

The court also detected some rotten Rui, katla and other fish from the shop. It filed a case against Siraj, manager of Agora, under Section 273 of the Penal Code and sentenced him till the rising of the court. At Fazle Rabbi Hall of Dhaka Medical College: The mobile court also conducted a drive at Fazle Rabbi Hall of Dhaka Medical College. It sentenced managers of three canteens of the hall to one- month simple imprisonment and fined them Tk 1,000 each and in default to suffer for another month. "We found the kitchen filthy. The cooked foodstuff was kept in the open with flies and for other insects creeping over them. Grounded spices were stale and smelly," Rokonuddaula told The New Nation. The convicted managers are Md Shamsuddin, Abul Kashem and Md Abu Zafar. Meanwhile, another court led by Magistrate Mujibul Haque fined Rupok Food Products at Dayaganj Tk 20,000 for not renewing the BSTI certification. The court also fined Khawja Restaurant at Sayedabad Bus Terminal Tk 10,000, Sayedabad Hotel Tk 5,000, Robin Hotel Tk 5,000 and Sabina Hotel Tk 5,000.

Food manufacturers, sellers worried: Customers' confidence yet to return Aug 13, 2005, 12:26 Food sellers in the metropolis are in a dilemma trying to restore customers' confidence that has been seriously shattered in the wake of the on-going drive against food adulteration. Although the sellers apparently hailed the drive, they opined that the hazardous malpractice of some businessmen have tarnished the image of the community as a whole.

The notoriety of a few has started taking toll on export of vegetables and other finished foodstuff from the country, they said. "The indifference of the authorities who were in charge of monitoring and maintaining the standard of the food products have so far in a way helped with the food adulteration and thus the situation deteriorated to such an extent," said Ruhul Amin Khandaker, Convenor of the Bangladesh Food Council. Ruhul Amin sought a "reprieve period" to bring rectify the situation in food business. "After the period the government should take stern action against if anyone who would continue to adulterate food." Meanwhile, city dwellers are also in the midst of confusion as almost half of them rely on restaurants for their daily meals. "I get really confused when I go to eat in a restaurant or to purchase anything. Every food seems adulterated," said an official of the Sonali Bank. Food and Sanitation Officer of the Dhaka City Corporation Md Fayez Ahmed told The New Nation that the DCC was planning to fix the prices of cooked food items sold in the restaurants. The court led by Magistrate Mujibul Haque fined Gharowa Restaurant at Motijheel Tk 10,000, Café Jheel Tk 5,000 and Al Hasan Tk 10,000. Law to punish food adulteraters demanded Aug 11, 2005 Human Rights and Peace for Bangladesh (HRPB) yesterday demanded amendment to the existing law and application of law providing capital punishment to food adulterators. The demand was made by the leaders of the organisation at a press conference held at the National Press Club. President of HRPB Advocate Manzur Morshed said despite the existence of the law providing capital punishment for adulteration, it is not possible to apply the law for the lack of implementation. "To protect public health it is not enough to fine the corrupt businessmen, but also to apply the punishment strictly," he said. He requested all human rights organisations to make people aware of the effects of food and medicine adulteration. Punishment should be meted out to both the producer and the trader found involved in food adulteration, he added. Publicity Secretary Ekhlas Uddin Bhuiyan, Treasurer and the member Lutfar Kabir, Jahangir Hossain, Ayub Khan, Asaduzzaman Siddiqui, Sahin Ara Laily, Salim Newaz Chowdhury of HRPB, among others, were present at the press conference. Revisit to faltering food shops on card: Mobile courts will be expanded to dist level Aug 11, 2005, 12:51 The government has decided to intensify the ongoing drive against food adulteration by increasing the number of mobile courts and also by expanding it to district level. The mobile courts now conducting raids on food shops or factories in the city are expected to revisit the same shops to ensure that those found guilty in the first instant maintain food safety standard subsequently.

"We would make some sudden revisits to some of the restaurants or sweetmeat shops to verify whether they continue to

adulterate food or have brought any changes," Magistrate Abdul Fattah told The New Nation. According to the existing laws of the Dhaka City Corporation, the mobile court could fine the highest amount of Tk 10,000 and in default to suffer one-year simple imprisonment for providing substandard foodstuff. "If we find in the second raid that the penalised food providers are not maintaining the expected standard, they will be sentenced to terms imprisonment along with the fine as per the DCC law," the Magistrate said. Earlier, Magistrate Abdul Fattah fined Jamal Confectionary at Swarighat on June 27 for using hazardous dyes, while on the second raid Magistrate Rokonuddaula found that the situation remained unchanged. Magistrate Rokonuddaula sentenced Manager Ripon to one-month rigorous imprisonment and directed the Lalbagh police to seal off the factory and destroy all the finished food products. Meanwhile, the mobile court, led by Abdul Fattah, yesterday fined nine restaurants, sweetmeat shops and fast food shops at Moghbazar a total of Tk 1,59,000. Three Star Restaurant was fined Tk 20,000, Shaheen Hotel Tk 12,000, Titas Hotel Tk 20,000, Café D'Taz Tk 20,000, Rose Garden Mini Chinese Restaurant Tk 30,000, Ross Misti Factory Tk 10,000 Café Taz Tk 25,000, Food Valley Fast food shop Tk 2,000 and Jatana Sweet Tk 20,000. Another mobile court led by Magistrate Rokonuddaula fined two restaurants at the Bangabandhu Sheikh Mujib Medical University Tk 2,000 and Tk 1,000 under section 272 of the Penal Code. BSS adds: In a meeting yesterday the Home Ministry has decided to raise the number of mobile courts to 35 from the existing four to check food adulteration during the holy month of Ramadan that begins in the first week of October. State Minister for Home Affairs Lutfuzzaman Babar while talking to newsmen said that the government would not only increase the vigilance, but also ensure severe punishment to the offenders who will mix chemicals, textile and toxic colours with food items. "This drive will not be confined only within the metropolitan cities, but also cover the district, upazila and poura areas across the country," Babar told journalists after the meeting that reviewed the activities of the mobile courts to ensure food safety. Acknowledging the great role the media can play in unearthing food adulteration, Babar said the journalists have once again proved their patriotism through raising the sensitive issue of 'food poisoning'. The two-day strike called by the food shop owners was also foiled due to constant watch by the journalists who created mass awareness against food adulteration and the dishonest traders, he said. The meeting was informed that a total of 107 unscrupulous traders were sentenced to different jail terms in 1,500 cases and a fine of Taka 49 lakh was realized by four mobile courts since the operation started in May this year. The state minister reminded the concerned officials, involved in mobile court activities, to uphold the image of law, saying abuse of power would not be accepted. The number of mobile courts would be increased to 12 in the next few days from the existing four, he said adding the courts would also work to evict makeshift shops from footpaths, check scales and weights at the shops and markets, and fuel adulteration at the filling stations and the measurement. During the meeting, Babar emphasized coordination among the officials of Bangladesh Standard and Testing Institute (BSTI), Public Health Department, Dhaka City Corporation (DCC) and other organizations involved in the mobile court to strengthen the drive against food adulteration. Referring to unauthorized medicine factories, the state minister said order has already been given to the concerned officials to include manpower from the drug administration to find out manufacturers and distributors of spurious drugs.

Home Secretary Safar Raj Hossain, Director General of Bangladesh Rifles (BDR), Inspector General of Police (IGP), Chief Metropolitan Magistrate, Dhaka Metropolitan Police (DMP) Commissioner, and concerned magistrates of the mobile courts were present. Toxic eggs Amidst mounting evidence of food adulteration in restaurants and food shops, often with toxic elements, comes the alarming news that toxic chemicals have been found in chicken eggs from India and 17 other countries around the globe. Tests carried out by the International Persistent Organic Pollutants Elimination Network (IPEN) have found Dioxin and other toxic chemicals in the eggs laid by the chickens in 18 countries in the world which are India, Senegal, Mexico, Tanzania, Belarus, Czech Republic, Kenya, Slovakia, Philippines, USA, Pakistan, Uruguay, Bulgaria, Mozambique, Russia, Egypt and Turkey. In India the study was carried out on free-range chicken eggs at Lucknow. Dioxin exposure has been linked to cancer, birth defects, failed pregnancy, lowered fertility in men and women, endometriosis, diabetes, learning disabilities, immune system suppression, lung problems and skin disorders. According to Dr Hossain Shahriar, Executive Director of Environment and Social Development Organisation (ESDO), based in Dhaka, the people of Bangladesh are at risk because huge quantities of eggs from India are smuggled in, and cannot be tested at the points of entry. Eggs are smuggled in from India because these are cheaper than our locally produced eggs. All this while the drive against adulterated food continues and the Food and Disaster Management Minister has categorically stated at a day-long workshop on Food Adulteration on 9th August that the drive will continue and mass awareness has to be created to totally eliminate adulteration in food, dirty kitchens, and toxic additives in food items that cause diseases and may even kill. The people, particularly in the urban areas, are becoming cautious about this disastrous situation prevailing in the raw and processed food sector, due to the greed of unscrupulous food traders and restaurant owners. Greed has also a role to play in bringing in smuggled eggs from India to earn undue profits at the expense of the health of the people. The concerned authorities and agencies of the government need to test chickens raised locally and locally produced eggs, as also smuggled eggs and chickens coming into the country from India. As checking smuggling in of Indian eggs is difficult, so testing eggs in stores and restaurants is urgently and immediately required. The government's laudable and timely drive to maintain food standards has to be augmented by a special drive to eliminate toxic eggs and chickens from markets and eateries. Eggs being a nutritious and cheap food item is eaten by almost all of us, urban and rural, rich and poor. An epidemic of poisoning from contaminated eggs may well be round the corner if immediate steps are not taken. We are hopeful that the government agencies, which have not shown any mercy to food adulterators in recent weeks, will do everything possible immediately in order to eliminate toxic eggs from the country. PRODUCT DUPLICATION AND CONSUMER'S SUFFERINS Examples The Coast Guards arrested some 41 sea pirates from the Bay of Bengal during piracy on a ship off Kutubdia island on 9th August, 2005. The Coast Guard also seized huge looted goods from the pirates. In another operation, the Coast Guards also arrested three alleged smugglers from the outer anchorage of the Chittagong Port in the Bay of Bengal last night. Sources said, MV Radwan, a scrap vessel was being towed by a tug ship named Care Play-14 from Kutubdia island area on the Bay at around 8 am this morning. A gang of pirates attacked MV Radwan and the tug boat and started looting goods from the ships. However, the crew of the tug ship informed the Coast Guard about the piracy through wireless massage. The massage was immediately sent to the mobile team of Coast Guard. On receiving the message, the mobile team of the Coast Guard on board CGS Tauhid rushed to the spot near Kutubdia island. The Coast Guard surrounded the two ships and asked the pirates to surrender. They surrendered on the spot. The Coast Guards arrested some 41 pirates from the two ships and five trawlers used by the pirates. They also recovered the looted goods including huge ropes, one refrigerator, rubber boat and pistol from the possession of the arrested pirates. They also seized the five trawlers, used in the piracy. The seized trawlers are: MV Kwajar Dan, MV Allahar Dan, Ayesha Begum. The rest two had no names. SMUGGLED GOODS AND CONSUMER'S SUFFERINGS Recently a newspaper report mentioned that investment in illegal and smuggled trade stands at about taka fifty thousand crore, which is well above the legal import of the country in a year. This explains the magnitude and extent of the volume of smuggled goods brought in this country from outside.

PRESENT SITUATION: A large number of consumer goods are smuggled from neighboring countries to Bangladesh. For instance: Sari, Sugar, Cigarettes, Cows, Alcohol, etc. They are available in all the shopping centers of the country, especially in northern and west-northern districts of the country, which fall on the border belt. Markets near to border (Shatkhira, Khulna, Jessore, Rajshahi, and Dinajpur) are full of smuggled goods starting from shaving blades to Cows. (Record of National Board of Revenue). When goods are in the market it is difficult to distinguish between smuggled and imported goods. All consumers, rich or poor, urban or rural, literate or illiterate, prefer foreign to domestic commodities thinking that qualities of foreign goods are better than domestic. and our preference encourages such smuggling.

IMPACT OF SMUGGLED GOODS: The sheer amount of taka involved in smuggling mentioned above shows the impact of this on our national economy. Government is loosing a sizable amount of Tax and Duty due to this free flow of goods into our country. Such influx of smuggled goods are also responsible for taking away jobs from the local industries and closure of the same. One can expect two -fold impacts of smuggled goods in the country as indicated below: PRODUCTION SIDE In case of production the effect is obvious. Smuggled goods are cheap because they involve no import duties and some times there happens motivated dumping. So, locally produced goods are widely substituted even by the patriot people. Their existence poses open threat to the local industries, e.g., smuggling of sugar and clothes has brought the local sugar and clothes industries to near collapse like situation. Needless to say that the government is deprived of considerable amount of revenues. This also makes government's trade policy less effective. CONSUMPTION SIDE It has been generally observed that smuggled goods from neighboring countries particularly from India are of very low quality; they include foodstuffs, medicine, seeds etc which have vital impact on the human health. But unfortunately people are deceived because of the low price of the goods. Moreover they cannot be brought under the existing consumer protection laws and regulation, therefore they are causing some real threat for our society. Finally, the most dangerous and subtle impact of availability of the smuggled goods round the year is that the whole nation has unwarily become accustomed to using them and gradually becoming dependent on them. On the other hand it hits country's industrial backbone causing disorder in industrial production. If we look at the present picture of the country's industrial situation we can see how smuggled goods causing disorder in industrial production. Few examples of some districts of North-Bengal located near Indian border will clarify the situation. In Bogra some big industries like; Jamaluddin Soap in 1983, Virginia Tobacco in 1985, Bogra Cotton Mill in 1991, Durga Rice & Flour Mill in 1993 were shut down completely. After the independence 18 Textile Mills were established in Bogra. Unfortunately all of them were shut down in 1990. Out of many factors easy availability of smuggled goods from India may be the most important one, which is responsible for this collapse. In an interview President of Bogra Chamber of Commerce, said that Bogra was no more an industrial city. Because the big industries which were established before independence, most of them were closed, mainly due to the smuggled goods from India which are cheaper & more competitive, took over our market. He also added that lack of working capital was also responsible for the sickness of the industries (Prothom Alo, 29 March 2000).

President of Rangpur Chamber of Commerce also echoed the same allegation. In his word, entire North-Bengal had become the market of smuggled products, and as a consequence, local industries failed to survive (Prothom Alo, 3 April 2000).

ADVERTISEMENT AND CONSUMER'S SUFFERINGS The advertising is a social institution born to fulfill the human need to acquire and send information about the availability of products, brands and services. The objective of advertising is to make known and build confidence in the goods sold by the salesman. Unfortunately, our businessman adopts various forms of undue practices in advertisement which cause consumer's sufferings. Some of them are mentioned below: One of the widely used practices of our marketers is using false guarantee. Another example is that, in advertisement, the exaggeration of products attributes has become a common phenomenon, which stimulates the consumer's to purchase the same. The marketers in our country compare the powered milk with breast milk in order to increase the volume of sale, which also results into consumer deprivation. Despite government restriction on the advertisements of all substitute of breast milk, they compare powered milk with breast milk. PRICE AND CONSUMER'S SUFFERINGS Price is one of the most important components to attain the objectives of the firm. It should always be rational and reasonable so that every consumer may be satisfied. But unfortunately, most of the marketers adopt multifarious devices in pricing.

For example, marketers sometimes deceive the customers by offering gift with the original product to be sold. But what is actually done is that the marketers raise the price of the article to be purchased to absorb the cost of the gift. Often marketers offer a "price reduction" .they artificially fix-up higher price and thereafter, offer the same at reduced price, although he is informed by paying lower price.

PART 2 : RULES AND REGULATIONS TO PROTECT THE INTEREST OF CONSUMER'S From the beginning of the human civilization, law and order (i.e., legal actions) ensure the disciplined and moral activities of human beings by formulating some fundamental principles. Therefore, law and order must come first to protect the consumer's interests and thereby, let it serve its historical duty of ensuring consumers' rights. Ultimately in full-boomed market economy consciousness, choice and power of the consumers and competitiveness of producers will dominate the market, where legal action becomes less significant. These laws were passed keeping in mind the fact that if implemented properly these could save the consumer's right. Some important rules and regulations are discussed below:

1. BANGLADESH CONTROL OF ESSENTIAL COMMODITIES ACT, 1956 The objective of this law, which came into effect on September 19, 1956, is to impose restriction over the essential commodity prices. In order to impose restriction over the essential commodity prices, Government possesses the right to produce, distribute, preserve, use and trade, etc. of the essential commodities from time to time. POLICY INSTRUMENT: Policy instrument of the law is introduction of license and permit system, through which, Government has been empowered: To enforce various orders, To interdict the withdrawal of the sale of the commodities kept for sale and direct the hoarder to sell those commodities, in partial or in aggregate, at a determined price, To direct for keeping systematic accounts of the essential commodities and presenting records to the authorized government officials in special cases. PUNISHMENT FOR VIOLATION: Punishments for violation as envisaged in the law, are: Three years imprisonment or A penalty or Both 2. ESSENTIAL COMMODITIES PRICE & BOND ORDINANCE, 1970 OBJECTIVE: To guarantee the current prices of commodities so that Government possesses the right to determine the prices of essential commodities. POLICY INSTRUMENT: Fixation of maximum price and publication in the government gazettes. Government is empowered with the right To estimate cost of commodities imported or produced, To estimate related cost of commodities, To consider reasonable profit margin for the producers, OBLIGATIONS TO THE PRODUCERS: To mention the price on the commodity To disclose the price list publicly To issue receipts for the commodities sold.

3. BANGLADESH PURE FOOD ORDINANCE, 1959: EFFECTIVE DATE: October 14, 1959 and 1966 amendment (Ordinance No. 13, 1966) OBJECTIVE: The objective of this ordinance which came into effect on Oct 14,1959 and later amended in 1966 is to check and control adulteration and production, supply and distribution of several foodstuffs including milk and powder milk, flour, edible oils, butter etc. RESTRICTIONS IMPOSED: Production and sale of adulterated food stuffs, foods harmful to men and animals, brands in labeling and advertisements, Sale of flesh of dead animals (banned). The involvement of people suffering from infectious diseases like tuberculosis leprosy etc. in production and sale of food items. POLICY INSTRUMENTS: Attachments of sanitary inspectors to relevant departments of government to inspect the status of implementation of the law so that: Any sanitary inspector can collect the samples of any of the listed foodstuffs and send it to the selected testing laboratory for determining the standard of quality. Any citizen can also bring samples of food items to the laboratory of Institute of Public Health and Nutrition to determine the quality of the product. If the sample is found adulterated, the local authority enjoys the power to take actions. PUNISHMENT: For first time violation of the law punishment ranges up to a fine of Tk. one thousand or imprisonment for up to one year or both, and For a second time violation the highest length of imprisonment remains the same while the highest limit of fine rises to Taka four thousand only.

4. TRADE MARK ACT, 1940 OBJECTIVE: To enable the customers to identify the particular product of their choice out of many To prevent duplication as well as cheating the consumers Each product should have some identification mark (i.e., trademark)

PUNISHMENTS FOR VIOLATION: Two years imprisonment or A penalty or Both 5. BREAST MILK SUBSTITUTES ORDINANCE, 1983 Effective Date: This ordinance came into effect on May 24, 1984.

OBJECTIVE: To encourage breastfeeding, and To control marketing of breast milk substitutes through showing or publishing of highly motivating advertisement of breast milk substitutes.

RESTRICTIONS IMPOSED: Prohibition of attractive & lucrative advertisements, promotional activities of companies i.e. giving free samples, gifts, discounts, sponsorships to health personnel PUNISHMENTS FOR VIOLATION: Two years imprisonment or A penalty of Taka five thousand or Both 6. WEIGHTS AND MEASURES ORDINANCE 6.1 WEIGHTS AND MEASURES ORDINANCE, 1961 EFFECTIVE DATE: Replacing two acts of 1889 and 1939 this act came into force in 1961. OBJECTIVE: To consider 40 seers equivalent to 1 maund (and 80 Tolas equivalent to 1 seer).

6.2 WEIGHTS AND MEASURES ORDINANCE, 1982 AMENDMENT

EFFECTIVE DATE: This ordinance came into effect on June 24, 1982 OBJECTIVE: To introduce internationally accepted metric system of weights and measures. 7. DRUG CONTROL ORDINANCE, 1982 EFFECTIVE DATE: This ordinance came into effect on June 12, 1982. OBJECTIVE: To restrict marketing of unnecessary and harmful drugs (Stricter quality control of medicines was declared). To encourage production of medicines and pharmaceutical products locally. PUNISHMENTS FOR VIOLATIONS: A penalty of 1(one) to10 (ten) years rigorous imprisonment, or A fine up to the amount of Tk. Two hundred thousand only, or Both 8. PATENTS AND DESIGN ACT, 1911 OBJECTIVE: To protect a product from imitation by any one other than the producer. Therefore, any one who is in possession of an invention or claiming to be the proprietor of any new design must get registration under the Patents and Design Act, 1911. CRITICAL EXPLANATION The laws (described above) were enacted to protect the consumers but are not sufficiently effective in implementation. Therefore the market situation is far away from the expectation. The most interesting thing is that The Control of Essential Commodities Act, 1956 does not give right to the consumer to sue the producer; it gives right only to the empowered govt. servant. Essential Commodities Price & Bond Ordinance, 1970 is not also properly implemented which result in irregular fluctuation in the essential commodity price. During some occasions like Eid and Ramadan sellers intentionally raise the price of the essential commodities. Still lawlessness is law of our consumer market; generally sales are dependent on individual bargaining. In case of some goods prices are characterized with rapid fluctuation. A cursory look at the price index and the annual inflation rate will show that our country has been experiencing unstable price situation since long. Manufacturers of different products also suffer from the irregular fluctuation of wages and prices of the raw materials, which some times cause cost-push inflation and ultimately punish the consumers. The price situation & cost of living of different years are examined below: 1. PRICES AND COST OF LIVING OF 1985/86 The price situation during the first nine months (July-March) of 1985/1986 recorded an improvement compared to the corresponding period of 1984/85. Because of slower expansion of bank credit during the first nine months of 1985/1986 and adequate supply of food grains in the market, the general consumer price index for the middle class people at Dhaka (Base: 1969/70 = 100) increased at a slower rate during the first nine months of 1985/86 than in the corresponding period of

1984/1985. The average rate of inflation, as measured by the consumer price index for the middle class people in Dhaka was 7.78 percent. During the first nine months of 1985/86 compared to 12.84 percent during the same period of 1984/1985. The average general consumer price index for the middle class people in Dhaka (Base: 1969/1970=100) rose to 996.56 during the first nine months of 1985/86 from an average of 924.62 during the corresponding period of 1984/85. The increase in the general consumer price index during the period under review was attributable to the increases in all the groups included in the general index. The average increases in the prices of food group were 7.82 percent, fuel and lighting group 15.68 percent, housing and household requisites group 13.74 percent, clothing and footwear group 3.67 percent and miscellaneous group 2.42 percent during the first nine months of 1985/1986 compared to the average increases of 15.12 percent in food group, 16-39 percent in fuel and lighting group, 4.72 percent in housing and household requisites group, 12.59 percent in clothing and foot- wear group and 12.19 percent in miscellaneous group during the same period of 1984/85. Over the year on a point-to-point basis, the general consumer price index for the middle class people in Dhaka (Base: 1969/70=100) rose by 7-96 percent to 1013.57 in March 1986 from 938.87 in March, 1985. The general consumer priceindex for the middle class people in Dhaka, on the other hand, increased by 12.87 percent during March 1985 over March 1984. 2. PRICES AND COST OF LIVING OF THE PERIOD 1990-96 Bangladesh achieved major gains in restraining inflation from 8.9% in 1990/91 to the estimated rate of 4% for 1994/95. In fact during the two years prices rose by only some 1.6% (Figure). Annual average inflation during 1990/91-1993/94 had been 4.3% compared with 9.8% during the preceding five years. The rise was due mainly to higher food prices following a severe drought in the North that affected agricultural production. The prices of non- food items decelerated to only 1.9% in March from 12% in 1990/91. 3. PRICES AND COST OF LIVING OF THE PERIOD DURING 1997/ 98 Although there has been a tendency of an increase in the annual inflation rate based on the national CPI (1985/86 = 100) the same remained well within the manageable limit and still the lowest as compared to our neighbors in the region. In July 1998 the inflation rate in broader terms was 7.4% of which for food items it was 7.36 % and for non-food item it was 6.44 % compared to 2.70% 2.57% and 3.61% respectively in July 1997. During the 14 months or so cost of things registered a marked increase caused mainly by a short fall in the Aman crop in 1997/98 financial year, a general shortfall in food grain production because of the devastating flood and also the devaluation of Taka. 4. PRICES AND COST OF LIVING DURING 1999 (JANUARY-MARCH) Price of food grain in the country depicted a mixed trend during January -March 1999. The average minimum wholesale price of coarse rice increased by 0.1% per quintal during the quarter under report as compared to the increase of 0.5 % per quintal in the previous quarter and 18.0% per quintal in the corresponding quarter of preceding year. The average general index (base: 1988-89=100) of production of manufacturing items decreased by 10.9% during Jan.- Mar. 1999 as compared to the previous quarter and by 0.1% as compared to the corresponding quarter of the preceding year.

EXISTING SUPPORTIVE LAWS The present market situation is not only causing sufferings to the consumers but also to the honest producers & distributors. It is rather urgent to review the laws and come up with a timely and appropriate consumer laws to save the situation which is deteriorating fast whereby greater emphasis must be given on the implementation of the laws. Most of the laws need to be reviewed and amended; however, there are a few laws which are supportive still today. * DRUG CONTROL ORDINANCE, 1956 (JUNE 12, 1982) There was a great dispute on the implementation of this law as it was considered as too draconian. Though appreciated as an excellent step by some; others argued that it would have an adverse effect on the industry and as a consequence production and employment might decline. But after the implementation of the law production had increased to Taka, 243 crore from Taka, 173 crore. (Sheikh Shajedur Rahman, National Drug Policy an overview: The Dainik Bangla, 30 July, 1986).

After the enactment of the law, violators / lawbreakers were given punishment, with the proper vigilance of government. This law can be made more effective for the vast population. * WEIGHT AND MEASURES ORDINANCE, 1982 AMENDMENT (JUNE 24, 1982) With appropriate publicity and propaganda, govt. successfully replaced the century old Shers & Chataks system by metric system. A few rural areas are exception, which needs more effort. Couple of years ago a number of businessmen were punished for the violation of the law. (The Daily Ittefaque, 18 Dec.1985). So we can say it is supportive one. * BREAST MILK SUBSTITUTES ORDINANCE, 1983 (MAY 12, 1983) This law came into effect according to the "the International code of Breast milk Substitute" announced by WHO in 1981. With the enactment of the law provocative publicity of child food is more or less stopped. And all the producers and sellers mention that there is no substitute for the breast milk in their advertisement as well as on the label of the product. In few cases this law seems not to be implemented effectively even after 7 years of its enactment as the related rules and regulations are still awaiting to be gazetted. The violations both in relation to labeling and market promotional activities are conspicuous. The violation of provision of the breast milk substitutes is noticed sometimes in the advertisement, displayed on the important mass media, like Television showing pictures of smiling mothers & babies for the sale of imported powder milk and baby food. In spite of some exceptions, promulgation of this law was a historical step of the govt.

EXISTING NON-SUPPORTIVE LAWS The following laws are not supportive as they are very much outdated and proved to be ineffective __ 1. BANGLADESH CONTROL OF ESSENTIAL COMMODITIES ACT, 1956 (19, SEPT. 1956) 2. ESSENTIAL COMMODITIES PRICE & BOND ORDINANCE, 1970. Though these laws were enacted with a view to protect the interest of the consumer, but they mainly failed to do so (market situation with reference to price index, discussed above, proved that). It is a matter of regret that we are indifferent about the application of such laws and actions for punishment for the lawbreaker is very inadequate & even ludicrous. Nowadays nothing can be purchased without bargaining. Consumer, with low bargaining power is often cheated by the sellers. Establishment of fixed & valid price shop is very low. Very few items are available in the market having maximum retail price (mrp) written on the cover. Even if mrp is there consumers are not getting the benefit of that. The main intentions of the "Essential Commodities Price & Bond Ordinance of 1970" are to guarantee the correct Price etc. But these are not followed in reality. Because these laws allow only the competent government officers to institute a case against the culprit for violation of such laws. A common consumer cannot initiate any legal action against him. Traders know it well that the helpless customers are not eligible to institute a case in the court, or take any legal, action against them except the authorized government officials & they also know how to manage such officers. So such laws need amendment, enabling the consumers to identify the violators of law and institute case against them according to legal procedures. 3. THE PURE FOOD STUFF ORDINANCE, 1959 (WITH AMENDMENT ENACTED 1966)

This law was enacted with a view to protect adulteration in liquid & powder milk, wheat, edible oil, ghee etc. But the state of implementation of the law is not encouraging. THE FOLLOWING MARKET STUDIES PROVED THE INEFFECTIVENESS OF THE LAW: The Dhaka City Corporation authorities raided different hotels and restaurants during the last one year and detected adulteration in foodstuffs and improper environment of food preparations in a considerable number of hotels and restaurants in the capital city and more than 60 owners were put under penal action. It indicates the presence of non-quality foodstuffs in the market. Another study conducted by CAB shows very shocking & depressing result. Almost in all the sample of edible oil was detected adulteration. (Consumer voice, CAB, Issue 4, Nov. 1984). It may be relevant to mention a testing report of Consumers Association of Bangladesh (CAB) on Soybean and Mustard oil. The test reports on samples of mustard oil indicated that none of the samples did meet the scientific preconditions. Another test report indicated an alarming picture of quality control measures. Out of 9 popular ice cream sold in the market only one was found of safe quality for consumption. Further, adulteration is common in samples of milk, honey, Jelly, Jam, sauces squash etc. Some culprits are making profits using artificial color in them, which is causing several diseases especially to the lower class people. Illiterate & unaware consumers are cheated very easily But the consumer who understands, does not bother to sue against them because they do not know about the law. More over, the punishment given for the violation of the law is very much insufficient & unable to stop the violators of doing so. 4. TRADE MARK ACT, 1940 This law was enacted with a view to protect duplication and help the consumers to identify their desired item. But like other laws it failed to achieve its objective because of its low punishments & improper application. The existence of duplicate product shows the ineffectiveness of the law. From a survey, conducted by CAB, it appeared that there are 84 duplicate consumer goods including medicines are available only in Dhaka City, which proved the ineffectiveness of this law. MAJOR REASONS BEHIND THE INEFFECTIVENESS OF THE LAWS The question arises why these laws are ineffective in application. A study conducted by a teacher of the Department of Marketing in the University of Dhaka in 1985, revealed that among the 500 respondents from different professions, only 1.5 per cent knew that there is a law like this. The situation has not developed from this mark. Besides the unawareness of the consumer it is very easy for the lawbreaker to influence the corrupted govt. authority. Above all the laws became very much outdated. The punishment, which was sufficient, forty or twenty years ago may not be effective today. Therefore they need to be revised and amended. The major reasons behind the ineffectiveness of the laws can be summarized as follows: Lack of Consumer awareness about the law, Corruption of the empowered authority, Some drawbacks in the legal side of the laws, Inadequate punishment. Consumer does not have the right to sue against the seller who violates the law. The laws are old and outdated loosing significance in the context of present day.

RECOMMENDATION What is needed is not a pristine approach but a no-nonsense mechanism whereby people can be ensured of the quality of their product with no ambiguity or uncertainty. Presently, every step along the supply chain is subject to corruption. The current system in a state of total collapse and public has no way of ensuring whether the product is in good quality or not. It is clear that the entire regulatory system needs to be overhauled and restructured from top to bottom. Authorities need to go beyond the conventional measures that have proven so ineffective, and devise a workable modus operandi so that the consumer is protected and the industry can maintain quality control. The CAB has a great deal to do in this regard. At the moment it's only a paper tiger. The first step is a registration and a certification program for every step along the supply chain. This will discipline the industry but the standards of certification must be rigorously upheld. One like to see a clear mandate given to a single authority to ensure food safety. Currently the matter falls under the roof and authority of a number of criss-crossing agencies and ministries, to say nothing of local municipalities, and this is one reason for the chaos and confusion. Let us tap experts in both public and private sector to resolve this problem. This is fruitful ground for a public-private partnership approach. Indeed, the entire industry has seen its reputation tarnished by the scandal, and this should be incentive for it to get involved in self-policing. Often product "safety and quality" is connected with the level of economic development and prosperity. So long majority of people is poor, product safety is not their priority. However, government has constitutional obligations to ensure food safety to its people and punish perpetrators with fines or imprisonment that may act as deterrents. Strengthening of infrastructures ensuring product "safety and quality" is never static and it is an ongoing process to ensure for consumers. Accordingly institutions and laws need constant upgrading to meet the fast changing needs of time. Organize debates on national scale to elicit opinion about how to establish the rightful supremacy of the consumers and build up a demand driven economy. Conduct researches and representative opinion surveys to determine the loopholes and inadequacies of existing laws, rules and practices which prevent safeguarding the rights of the consumers produces for obtaining value for money, if no such regime exists, researchers should focus on what should be required to establish such a regime. Study how to make the provisions of the existing laws & rules really effective in order to ensure fair price and quality and to prevent injury to consumers interests and to arrange for proper coordination amongst various implementing agencies. Conduct special studies as to how to protect the interests of the consumers of different utilities and make the respective regulatory bodies truly independent and impartial. Prepare for consideration of the Ministry of Commerce, Government of Bangladesh a comprehensive Consumer Protection Bill based on best practices and relevant experience of other countries. Prepare for consideration of the Ministry of Commerce, Government of Bangladesh a Competition Bill to prevent restrictive trade practices and to promote fair competition with provisions for institutional arrangements for ensuring fair trade, preventing cartels and regulating monopolies, mergers and acquisitions bearing in mind that in the short run not only the consumers but also domestic industries need to be protected against the pressures of globalization and the abusive practices that may be follows, based on best practices and relevant experience of other countries. Encourage emergence of consumer activists, strengthening of consumers associations, advocacies and campaigns for quality, reasonable price, truthful warranties etc. and above all, plead for fair competition remembering that no one really likes competition.

CONCLUSION To conclude, one terror kills one or more people, but stale, adulterated food and spurious medicines cut short the lives of thousands of unwary people. we are totally in the paws of product terrorism and which is rapidly being spread up due to lack of protective laws, awareness, Govt. initiatives and unethical practices of some of unscrupulous business people and bad manufacturing practices of the producers. We will have to work hard at different levels to reach the goal. Development of a product Safety Council including formulation of product policy with effective and co-ordinate implementation is urgently needed. At the same time update rules, regulations and ordinances on product quality control are to be made and decade long awaited proposed Consumer Protection Law passed in the parliament immediately and enact the same for the greater interests means to ensure the consumer's rights.