These are the words of advice by Her Honour Sedinam Awo Kwadam of the Adentan Circuit Court "2" to all food providers, vendors and persons in the hospitality industry of Ghana at pages 27-29 of her decision in the Marwarko food poisoning case [Winifred Tse & 2 Ors. v Marwako Fast Food Ltd Suit No. C08/001/2023]:

"When everyday citizens find themselves caught up in unfortunate circumstances, and especially when corporate entities or their officers take responsibility, reasonableness and fairness should guide the way. It is not just about reimbursing victims for their immediate expenses; it is also about acknowledging their suffering and working toward a genuinely fair compensation package. The antiquated practice of denying responsibility and overlooking the pain experienced by victims should indeed be relegated to history, where it appropriately belongs. After all, businesses thrive because of their customers, the very people they serve.

According to the World Health Organization (WHO), approximately 600 million people worldwide, almost one in 10, fall ill each year due to consuming contaminated food. Tragically, 420,000 lives are lost annually as a result, accounting for a staggering 3 million healthy life years. (See the WHO's online publication on 19th May 2022. https://www.who.int/news-room/fact-sheet/detail/food-safety). These numbers are sobering reminders of the critical importance of food safety.

Now, let us focus on that pivotal day, 8th May 2022. Picture it: over 30 people hospitalized and their health compromised by contaminated food. In 2022, barely a month before the World Food Safety Day was celebrated under the theme of "safer food, better health," aiming to draw attention, mobilize action, and improve human health by preventing, detecting, and managing foodborne risks, our country faced this unfortunate Marwako crisis. As we surge forward, we must collectively demand more. No longer can we tolerate subpar practices from food and beverage providers. Our expectations should align with International standards, nothing less. The days of risking customer health due to substandard services and unhygienic practices must be firmly relegated to the past. Those seemingly mundane practices of food, equipment and personal hygiene behind the scenes, hold immense significance. it is not just about taste or convenience; it is about safeguarding lives. When we trust food and beverage providers, we implicitly rely on their commitment to standards of care and safety. And when that trust is breached, whether through negligence or oversight, the consequences ripple far beyond the plate.

The trust we place in food and beverage providers is profound. When we buy and consume food prepared by others, we are essentially saying, "I trust that this meal will not harm me." it is a leap of faith, one that should not be taken lightly.

Consider this: You walk into a restaurant, order a dish, and eagerly anticipate a satisfying meal. Behind the scenes, there is an intricate web of processes; the sourcing of ingredients, food storage and preparation, and hygiene practices, all orchestrated by the establishment. We assume they have got it right. After all, we are not just buying sustenance; we are investing trust. But when that trust, is breached, when negligence leads to contaminated food, it is more than a mere inconvenience. It can cause irreversible harm.

The World Health Organization (WHO) recognizes the socioeconomic impact of foodborne diseases. They strain healthcare systems, disrupt economies, and even affect tourism and trade.

The 8th May Marwako food poisoning incident serves as a stark reminder, one that compels us to take action. Indeed, we were fortunate this time; no lives were lost. But luck alone cannot be our strategy. So, here is the call: (IPP) Improve Hygiene, Prevent Contamination, and Prioritize Safety. Food producers, vendors, and the entire hospitality industry must elevate their game. Also, we must not forget the guardians of public health, the authorities entrusted with our well-being, specifically, the Food and Drugs Authority (FDA). They, too, bear the responsibility to ensure that unsavory incidents like that which necessitated this lawsuit, remain extremely rare exceptions. For, Public health and food safety cost more than money can buy, they cost lives.

When a business understands the true value of its customers beyond mere monetary transactions, it carries a greater responsibility. In this case, the Defendant had firsthand experience: they had visited and financially assisted 30 other customers who suffered due to contaminated food from their East Legon branch. Given this context, addressing the Plaintiffs' concerns promptly would have been not only prudent but also a demonstration of genuine care. The Defendant, having already covered the medical bills for 30 affected customers in the food poisoning incident, could have taken its Corporate-Social Responsibility even further. Adequate compensation for the suffering caused by the contaminated food would have been a step in the right direction, lest it compels a David, a determined individual, to hold the corporate Goliath accountable.

The Defendant, as a food provider, must consistently serve wholesome and safe food to its customers. The Food and Drugs Authority (FDA) must ensure that all food vendors uphold the highest standards.

May this Judgment serve as a reminder to all of us that food safety is not just a legal obligation, it is a moral imperative."

Judgement can be read in full or downloaded below;

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