An Examination of Product Liability Law and Its Application to Counterfeit Goods in Aba, Abia State

Aba, Abia State, in South East Nigeria, is a major manufacturing hub known for the production of both legitimate and counterfeit goods across textiles, footwear, pharmaceuticals, and electronics, raising significant product liability concerns for consumers harmed by defective counterfeits. This study examines how product liability principles under Nigerian tort law, the Consumer Protection Council Act, and the National Agency for Food and Drug Administration and Control Act apply to harm caused by counterfeit goods in Aba's commercial markets. A doctrinal analysis combined with field interviews of 25 market traders, 10 consumer victims, and 5 regulatory officers from NAFDAC and the Standards Organisation of Nigeria was conducted. Results indicate that tortious product liability actions against counterfeit manufacturers are practically ineffective due to difficulties in identifying defendants, tracing supply chains, and enforcing judgments. NAFDAC enforcement was found to be intermittent and concentrated on pharmaceutical counterfeits, leaving other product categories largely unregulated. The study concludes that the current product liability framework fails to provide adequate redress for Aba counterfeit victims and proposes strict liability for all goods placed in commerce, creator liability for platforms that facilitate counterfeit distribution, and enhanced border and market enforcement powers for SON and NAFDAC.

Keywords: product liability, counterfeit goods, NAFDAC, consumer protection, Aba Abia State