A Lagos high court has ordered the Nigerian Bottling Company (NBC), which makes Coca-Cola products in Nigeria, to include a written warning on bottles of its products that they cannot be taken with Vitamin C.
It came at the end of a nine-year-long legal suit against Coca-Cola and food and drugs regulator NAFDAC after a batch of its products shipped to the UK was deemed not fit for human consumption by British regulators.
Businessman Fijabi Adebo bought nearly N12m worth of Fanta and Sprite, but samples failed testing in the UK.
They were said to contain high levels of chemicals that made them toxic when mixed with Vitamin C.
Adebo demanded N15.1 million in damages, but NBC admitted it received only N1.6 million in payment.
NBC argued in court that levels of chemical components in its products were safe for consumption in Nigeria and it wasn’t aware the consignment Adebo bought were to be exported.
It said Adebo and his firm were not entitled to recovering any damages arising from illegal export of products meant for local distribution.
The court said called NBC’s knowledge of possible export of its products was immaterial to their fitness for human consumption.
It ruled that “soft drinks manufactured by Nigeria Bottling Company ought to be fit for human consumption irrespective of colour or creed.”
NAFDAC did not file any defence in the suit, reports said.
The court ruled NAFDAC has been “grossly irresponsible” in its duties to consumers of NBC products.
“The court, in the light of the damning evidence before it showing that NAFDAC has failed to live up to expectations, cannot close its eyes to the grievous implication of allowing the status quo to continue as it is,” Judge Adedayo Oyebanji said.
According to the ruling, NAFDAC will mandate NBC to add to its bottle packaging a warning that the contents cannot be taken with Vitamin C.
The court awarded damages of N2m against NAFDAC, with a 10% interest per year until full payment.
