My sanitary pad brand is causing infections; what legal steps can I take?
Sanitary pads. The new Sanitary Towels Bill 2024 has proposed a stringent five-year jail term for individuals convicted of stealing free sanitary towels meant for schoolgirls, women, and inmates.
What you need to know:
- The Consumer Protection Act obligates manufacturers to ensure their products meet acceptable quality standards and are safe for use.
- The Public Health Act reinforces this by mandating that all products entering the market must not pose health risks to the public.
Dear Vivian,
I recently discovered that the sanitary pad brand I’ve been using is the likely cause of persistent infections with which I’ve been battling. When I shared my experience on social media, I was overwhelmed by responses from other women who have faced similar problems with this brand. What legal steps can I take?
Khadija,
Kilifi
Dea Khadija,
Your situation reflects a broader concern about product safety, consumer rights, and corporate accountability, particularly when harmful products hurt women and children. Kenyan law provides several avenues to address this matter and hold the company accountable. The law guarantees every person the right to the highest attainable standard of health and to consumer protection. These rights ensure that consumers are protected from unsafe goods and have access to accurate information about the products they use. When a company’s products harm consumers, it not only violates these rights but also breaches trust and responsibility.
The Consumer Protection Act obligates manufacturers to ensure their products meet acceptable quality standards and are safe for use. The Public Health Act reinforces this by mandating that all products entering the market must not pose health risks to the public. If a company’s products are causing widespread harm, it indicates a failure to adhere to the standards set by regulatory authorities, including the Kenya Bureau of Standards (Kebs), which is responsible for testing and certifying products to ensure safety and quality.
Kenyan courts have shown a commitment to protecting consumers from unsafe products. In a notable case, the courts emphasised the importance of consumer protection and the state’s responsibility to ensure that products in the market are safe. This serves as a precedent affirming the right to seek accountability when harmful products compromise health and wellbeing.
Given the large number of affected individuals, you can explore several legal avenues. A class action lawsuit could allow a group of affected individuals to collectively sue the company. This approach strengthens the case by consolidating evidence of the company’s negligence or failure to meet safety standards. You can also file a regulatory complaint with Kebs and the Ministry of Health. These agencies can investigate the product’s safety and potentially order its removal from the market, imposing penalties or recalls if standards are found to have been violated.
Public interest litigation could also be pursued, highlighting the violation of consumer rights and advocating systemic reforms, such as stricter quality checks. Engaging consumer advocacy organisations, such as the Consumer Federation of Kenya, may amplify your concerns and provide additional support in pushing for accountability and justice.
As you consider these options, it is essential to collect evidence. Gather medical reports linking infections to the product, testimonies from others affected, receipts of purchases, and any correspondence with the company. Such documentation will be vital in building a strong case. Taking action not only ensures accountability but also helps protect other consumers from similar harm and pushes for safer products in the market.
Vivian
The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
