Product Liability and the Rights of Consumers of Counterfeit Pharmaceutical Products in Adamawa State

The proliferation of counterfeit pharmaceutical products in North East Nigerian markets represents both a public health emergency and a private law challenge involving product liability, consumer rights, and regulatory enforcement. This study investigates the product liability framework applicable to manufacturers and distributors of counterfeit medicines in Adamawa State, evaluating the legal remedies available to consumers who suffer harm from substandard drugs. Using a doctrinal and socio-legal methodology, the research analyses the provisions of the National Agency for Food and Drug Administration and Control Act, the Consumer Protection Council Act, and relevant tort principles, supplemented by interviews with 40 pharmacists, 15 health officials, and 20 legal practitioners in Yola. The study assesses how the absence of clear strict liability provisions in Nigerian product liability law disadvantages injured consumers and how the burden of proof requirements effectively foreclose many legitimate claims. Findings further reveal significant challenges in tracing counterfeit supply chains from source to retail, complicating litigation strategies. Comparative analysis with pharmaceutical liability regimes in South Africa and India provides reform benchmarks. The study recommends the enactment of a dedicated product liability statute, mandatory product traceability systems, and the establishment of a no-fault compensation fund for victims of counterfeit medicines. Keywords: product liability, counterfeit drugs, consumer rights, Adamawa State, NAFDAC