Expired milk and the civil society: what is the connection?

A couple of years ago a huge scandal flared up in Japan: several popular confectionery plants with long history were caught using inferior ingredients in their produce. One of them which opened its first shop in 1910 used expired milk in its cakes, another one falsified expiry dates on their cookies. The well-known company Akafuku which had started its work back in 1707 was caught using processed ingredients from unsold parties of sweets to produce new sweets for years. All three companies had to curtail production and leave the market. Now they are trying to resume production and win back customers’ trust. Is a similar scenario possible in Ukraine?

“In our country this situation is impossible,” senior inspector of the Kyiv Municipal Consumer Rights Protection Society Andrii HALAICHUK believes. “Our judiciary is far from being perfect: those who have more money win. In Japan the judiciary is absolutely different and leverage to influence businesses is also different. Besides, our mentality contributes to the current situation.” The expert explained that the administrative leverage to influence dishonest businesses is not efficient and civil one is not strong enough. “It is not a big deal if an enterprise or a person is fined. Only the court can adjudge to compensation of the moral or material damage,” Halaichuk emphasized. In general, the expert believes that everyone is responsible for the fact that poor food has become common in the Ukrainian shops: the state, businesses, sellers and customers.

“The experience of the leading European countries shows that manufacturers are strictly accountable for the quality of what they produce and sell. If inferior products are found on the market, their producers are sanctioned and fined to the extent that can make them become bankrupt and leave the market. Fines differ from country to country, however, the approach is the same: there is no room for dishonest manufacturers on the market,” Natalia BORODACHOVA, vice-president for international cooperation of the All-Ukrainian Consumers’ Federation “PULS,” director of the NGO “Institute of Consumers’ Programs,” expert for consumer rights protection at the project by EU-UNDP “Consumer Unions and Civil Groups” explained to The Day. According to her, the same principle is used towards suppliers and sellers who are responsible for transportation, storage, and distribution norms.

This is what happens in developed countries. However, it looks like the Ukrainian market has enough room for both honest and dishonest manufacturers and sellers. “First of all the legislation should be changed and stricter sanctions for selling inferior products should be introduced. Today we have tiny fines. The maximum fine from the sanitation center is about 400 hryvnias. Does this money make a big loss for the owner of an enterprise? Of course, it does not,” Serhii SKORENKO, head of the Consumer Rights Protection Society of the Solomensky district of Kyiv explained to The Day. Other experts share his opinion. “To make the European standards work in Ukraine the legislation has to make entrepreneurs, including all the people involved in products promotion to consumers, bear such responsibility that will make dishonest production non-paying,” Borodachova opined.

However, the experts believe that even the perfect legislation is unable to solve this problem if people deliberately produce goods that may harm other people’s health, falsify expiry dates and persuade clients that products are fresh whereas they expire soon. “Those who sell poor products, falsify expiry dates and so on, know perfectly well that they will make money. People are dependent on goods, for example, people who get 10-15 percent from sales. It is often a decisive factor. Even if products become stale, people have to sell them since they are paid for this,” Halaichuk explained.

Consumers share responsibility for this situation. They must be interested in buying high-quality products and be ready to uphold their rights. “It is true that the Ukrainian market abounds in poor products. That is why it is crucial that the Ukrainian consumers comprehend the risks connected with thoughtless and quick purchases. You and your family have to be protected by comprehension of your personal responsibility for your choice. I am not speaking about hidden defects that cannot be visually detected and require laboratory examinations. However, you are able to attentively study goods marking, expiry dates, and packaging and also stick to the rules of storage and use. Such consumers’ demands and discipline will help avoid buying poor or doubtful products,” Borodachova explained. And the key thing, the expert emphasized, is that consumers must have an active civil position since it is the “main weapon to fight dishonest businesses.” “The popular wisdom says that oral indignation cannot be kept on file whereas written remarks and suggestions require some reaction from the responsible people and are controlled by inspections. The experience of the market economy proves that only consumers and their active civil position are able to change the market for better. The European consumers give us an example to follow: do not accept the violation of your rights, you should know them and protect them, require written replies from violators, consolidate and make collective complaints since they are especially controlled,” Borodachova explained.

The experts emphasize that a strong consumer movement is an important element of the European society. It is a certain marker of civilization: how well the people are protected from poor products and services, how actively they protect their rights in this sphere and whether they are ready to fight. And the main thing: is the consumer movement really efficient leverage to influence dishonest manufacturers? Probably, the logical connection between an expired cheese cake on a shop shelf and the state of the civil society is not that obvious, but it exists. The Ukrainians tend to make the state solve their problems, including the problems of inferior products. However, they could change the situation for better on their own. “In the West there are hardly any governmental organizations dealing with consumer rights protection. However, there is a strong civil movement there and its efficiency is obvious,” Skorenko explained to The Day. According to him, the Ukrainian consumers whose rights have been violated are quite passive and dishonest businesses use it. “If our people buy poor goods they get upset and throw them away. Only 3 to 4 percent of people go back to the shop or cafe to protect their rights. Consumers should be more active, make written complaints to the shops and manufacturers and struggle for justice – otherwise the situation will not change,” Skorenko assures.