On 21st October, 2022, CFTC commenced investigations against Birthday Shop on alleged misrepresentation of products, misleading conduct, supply of products likely to cause injury to health or physical harm to consumers and unconscionable conduct.
The investigations found the following:
- That Birthday Shop were stocking counterfeit spirituous alcoholic products, technically misrepresented to be Castel Malawi products. The conduct by the Respondents amounted to misrepresentation of products, and hence in contravention of Section 43(1)(c) and (d) of the CFTA.
- That Birthday Shop supplied uncertified products that are likely to pose serious health risks to consumers and contravened Section 43(1)(e) of the CFTA.
- Some of the products were expired hence in contravention of section 43(1)(g) of the CFTA.
Upon deliberations, the Commission made the following orders:
1. The Respondents should be referred for criminal prosecution to the Office of the Director of Public Prosecution (DPP) for misrepresenting products; engaging in misleading conduct; suppling products likely to cause injury or harm to consumers; and for engaging in unconscionable conduct in the trade of goods.
2. The Respondents should be ordered to cease and desist from misrepresenting products; engaging in misleading conduct; suppling products likely to cause injury or harm to consumers; and for engaging in unconscionable conduct in the trade of goods.