Despite continued complaints about contaminated food and drink products consumers still face problems when trying to uphold their rights on the issue, according to a consumer-rights activist.

Saree Ongsomwang, manager of the Foundation for Consumers, said that while reports in the media about people finding tainted or contaminated canned foods or bottled drinks seemed to have become commonplace, the system to protect them was still inadequate.

"It proves that the system of pre-checking products before they are launched on to the market has a problem, while the post-check system is also weak," she said.

Saree said that most complaints about contaminated food have ended with the manufacturer simply reclaiming the products. But this is not enough, she said.

Many people who complain are often accused by manufacturers - and sometimes even the Food and Drug Administration (FDA) - that they themselves had put foreign objects in the packages in order to seek compensation.

She said it was rare for cases to be brought before the courts because under the current consumer protection laws the plaintiff is responsible for the cost of testing the product to prove the case.

"It takes some time if a contaminated product is sent to the FDA for testing, unless the case is well publicised in the media. If the product is sent for testing elsewhere, the consumer has to pay for the test," Saree said.

She said the foundation has been pushing for a new law that makes manufacturers liable for the cost of testing suspect products.

The new law would also increase the punishment food manufacturers face.

Under the current laws, anyone producing or selling contaminated food faces up to two years in jail or a Bt20,000 fine.

This is too soft, Saree said.

"The new law would make consumers feel free to bring their cases to the courts," she said.

FDA chief Pakdee Pothisiri said more than 80 cases of contaminated food are reported to the agency each month.

"More complaints don't mean more cases of contaminated food. It means consumers are more aware of their rights, so they complain," he said.

Pakdee said the FDA had persuaded consumers to report substandard food via a hotline and that the agency was offering rewards of up to 25 per cent of the money that the manufacturer would have to pay in fines.

However, he said the FDA rarely found companies guilty after an inspection of their factories, especially those labelled as GMP (Good Manufacturing Practice) standard.

"The production process of most of them seemed to meet the standard," he said, adding it was possible the contamination had happened after the products left the factories.

Pakdee said the FDA would take action in each case reported within two days.

Staff would be sent to inspect the factory and if substandard processes were found a closure order would be issued to stop operations immediately, with

the owner facing legal action,

he said.

Chatrarat Kaewmorakot

 The Nation