Navigating Online Consumer Protection on Foodstuffs and Beverages in Tanzania

Abstract

Consumer concerns have been realised at all levels, including national, regional, and international. The rapid growth of online shopping in Tanzania calls for the country to regulate consumer rights and electronic commerce. Section 30 (1) of the Electronic Transactions Act [Cap 442 R.E 2022] safeguards online consumers. To the contrary, section 30 (5) (c) of the Electronic Transactions Act [Cap 442 R.E 2022] excludes online consumers of perishable goods. The intention was genuine and clear, as foodstuffs and beverages are perishable goods, but the implementation of the section is likely to exploit bona fide consumers where goods supplied are unfit or do not correspond with descriptions. Moreover, section 30 (5) (c) of the Electronic Transactions Act [Cap 442 R.E 2022] directly contradicts sections 15, 16 (b), and 36 (i) (ii) of the Sale of Goods Act [Cap 214 R.E 2002]. Consumers of foodstuffs and beverages in the digital age need to be addressed to ensure standards, health, and quality of goods.  Consumers are solicited to transact through online advertisements, which in most cases consist of product labels and descriptions that are intended to persuade them. Possibly, there is the likelihood that the foodstuffs and beverages to be supplied fail to meet the descriptions, standards, and quality that persuaded online consumers to enter into electronic commerce; however, consumers are bound to take them. This article aims to navigate online consumer protection on foodstuffs and beverages in Tanzania. Through doctrinal research methodology, it finds that the Tanzanian legal framework does not adequately protect online consumers of foodstuffs and beverages. This study recommends the amendment of the Electronic Transactions Act