Civil Liabilities for Unsafe Foods in Bangladesh and Australia: A Comparative Perspective on Consumer Protection

The statutory laws concerning food safety, which allow the consumers affected by unsafe foods to claim compensation for their loss or damage in Bangladesh, are flawed in several respects. These flaws are argued to have harmful impacts on consumer protection. The ineffective legislation in the absence of application of the common law principles of negligence has left the consumers virtually helpless in securing remedies for their injuries. This article endeavors to critically examine the ambiguities and shortcomings in the Consumer Rights Protection Act 2009 (Bangladesh) looking through the prisms of the Australian Consumer Law 2010 and relevant case law from major common law jurisdictions. It discovers a number of weaknesses in the legislation of Bangladesh and provides specific suggestions for strengthening the civil liability provisions from the perspective of consumer protection by preventing their contraventions and providing adequate compensation.