Alleged Supply of Products which are Likely to Cause Injury to Health or Physical Harm to Consumers by Warpack Private Limited

On 19th November, 2021, CFTC commenced investigations against Warpack Private Limited for alleged supply of products likely to cause injury or harm to consumers.

During inspections, the Commission found recalled “KOO, Hugo’s and Helderberg canned vegetable products” at Food Lovers Supermarket in Blantyre, Santa Plaza Supermarket, City Supermarket and Sana Mega Store in Lilongwe. During the investigations on these cases all the parties submitted that the said products were supplied to them by the Respondent.

Investigations showed that the Respondent engaged in the supply of products likely to cause injury to health or physical harm to consumers and did not effectively and thoroughly effect the product recall of the products. The conduct by the Respondent was in contravention of section 43(1)(e) of the CFTA. The Respondent was also found liable under Section 50(a) of the CFTA because of they failed to supply information to the Commission when requested to do so.

The Respondent was largely uncooperative during the investigation instituted by the Commission.

After deliberations the Commission made the following Orders against the Respondent:

  • That the Respondent should pay a fine of Five Thousand Malawi Kwacha (MK500,000.00) for engaging in supply of products likely to cause injury or harm to consumers.
  • That the Respondent should pay a fine of Five Hundred Thousand Malawi Kwacha (MK500,000.00) for failing to comply with a directive from the Commission given in the Public Notice.
  • That the Respondent should pay a fine of Five Hundred Thousand Kwacha (MK500,000) for failing to supply information to the Commission during investigations.