ALLEGED MISREPRESENTATION OF PRODUCTS; MISLEADING CONDUCT AND UNCONSCIONABLE CONDUCT BY AGRI-BUILD LIMITED

CFTC CFTC

Published On - July 17, 2025

CFTC Consumer Protection, Consumer Protection Cases

On 25th March 2025, the Commission officially commenced investigations against Agri-Build Limited of Lilongwe for allegedly engaging in misrepresentation of products, misleading conduct, and unconscionable conduct.

It was alleged that a Complainant bought a bag of D-Compound fertilizer from the Respondent’s shop. Upon assessment of the quality of the fertilizer, she suspected that the fertilizer may have been substandard. The Complaint then took samples of the fertilizer for testing at the Department of Agricultural Research Services located at Chitedze in Lilongwe. Upon testing and analysing the fertilizer sample, it was found that Nitrogen composition ranged from 2.5 to 2.6 percent against the standard composition of 10 percent. It was also found that the Potassium composition ranged from 0.44 to 0.46 percent against the standard composition of 10 percent.

Investigations found that the conduct by the Respondent was in contravention of section 51 (c) (ii), 51 (d) and 51 (g) of the CFTA.

The Commission noted that the Respondent engaged in the conduct of selling fertilizer that was misrepresented in that it did not meet the requirements as indicated on the packaging of the sacks.

Upon deliberations, the Commission made the following Orders:

  • Order the Respondent to pay a monetary penalty of equivalent of 1% of their annual turnover to the Commission for engaging in misrepresentation of products, contrary to section 51 (c) (ii) of the CFTA.
  • Order the Respondent to pay a monetary penalty of equivalent of 1% of their annual turnover to the Commission for engaging in misleading conduct, contrary to section 51 (d) of the CFTA.
  • Order the Respondent to pay a monetary penalty of equivalent of 1% of their annual turnover to the Commission for engaging in unconscionable, contrary to section 51 (g) of the CFTA.
  • Order the Respondent to submit to the Commission their audited financial statements for the last accounting year (or in the alternative, their financial records for the last accounting year) for assessment and calculation of the penalty within 14 days.
  • The Respondent’s penalty is reduced by 10% for being cooperative with the Commission during investigations.