Justice Taofiquat Oyekan-Abdullahi of a Lagos High Court has mentioned that condoms don’t seem to be 100% efficient, and that overall abstinence or faithfulness is the most suitable choice.
The Judge, in her thought to be judgment which used to be the end result of the settlement for the 2 events to the go well with, held that the respondent will have to proceed to insert the Well being Chance Caution Clause of the APCON to wit: “Condom isn’t 100% protected. General abstinence or faithfulness is the most suitable choice in all condom ads.
Justice Oyekan-Abdullahi has similarly ordered that condom ads will have to best be aired between 6:00a.m and eight:00p.m on radio and between 6:00p.m and 10:00p.m on tv henceforth.
Turning in ruling in a go well with filed by means of the Included Trustees of the Challenge for Human Construction (PHD) towards the Included Society for Circle of relatives Well being (SFH), the pass judgement on additionally held that condoms don’t seem to be 100%efficient, and that overall abstinence or faithfulness is the most suitable choice.
The Challenge for Human Construction (PHD) had within the go well with filed via their Solicitor, Sonnie Ekwowusi of Sonnie Ekwowusi and Co., amongst different reliefs, requested the court docket to claim that the commercial of the ‘Gold Circle’ condom by means of SFH in a countrywide newspaper with out the Well being Chance Caution Clause of the Promoting Practitioners Council of Nigeria (APCON) that the product “is not 100% safe but total abstinence or faithfulness is the best option,” is prohibited and unconstitutional.
The applicant additionally prayed the Court to claim that Failure/Negligence/Refusal of the first respondent to insert the aforesaid Well being Chance Caution Clause at the packets of ‘Gold Circle’ condom which it markets and advertises all over Nigeria is opposite to article 49 of the APCON regulations, Sections 17, 37, 38, 39 (three), 45 of the 1999 Charter and Articles 17, 18 27 and 29 of the African Constitution on Human & Peoples’ Rights (Ratification Enforcement) Act, CAP 10 and subsequently unlawful and unconstitutional.
The applicant contended that the way in which condoms are promoted in Nigeria, and any other position offers the deceptive impact that condoms are 100% protected/efficient.
In step with the applicant, the statements that condoms be offering “maximum protection” and that “Condoms protect both of you against infections…” are false.
“The “warning” signal reproduced underneath which has been put out by means of Rubber Chemistry and Generation, Washington D.C, United States, since June 1992, however has remained unchallenged up to now.
“If there aren’t any holes in condoms, why would america Meals and Drug Management (FDA) insist that producers take a look at for holes in condoms and in consequence units an Appropriate High quality Stage (AQL) that if as much as 4 condoms have holes in a batch of 1000, the batch shall be allowed to cross.
“Condoms, along with having imaginable production defects, may go through deterioration throughout delivery, dealing with and garage, or even additional degradation after acquire by means of the top consumer.
“To a better or lesser level, components similar to the next had been proposed as most likely contributing to the degradation of latex (and thus to condom failure): publicity to daylight, warmth (together with frame warmth when positioned in wallet or wallets), humidity, drive, sure spermicides or even to atmospheric ozone (2).
“But even so, the condom would possibly nonetheless undergo closing-minute bodily injury right away previous to or throughout exact use, similar to touch with pointed or sharp gadgets together with fingernails and rings.
“From the above-documented facts, it is very clear that the AIDS virus can pass through the latex membrane and it has also scientifically been proven that the AIDS virus does pass through the latex membrane,” the applicant argued.
The applicant, subsequently, prayed the court docket for a perpetual injunction restraining the 1st Respondent, whether or not by means of themselves, their agent, servants or privies.