Published March 16, 2017 Share Tweet by Taboola olymenakos Niyi Odebode, Anna Okon and Bukola Adebayo Some consumer advocacy groups in
the country have threatened to
institute a class- action suit against the
Nigerian Bottling Company if it is
established that an infraction has been
committed against consumers of its
beverage products , Fanta and Sprite .
A class- action lawsuit is one in which
a group of people with the same or
similar injuries caused by the same
product or action sue the defendant as
a group.
The President and Founder , Consumer
Advocacy Foundation of Nigeria, Ms .
Sola Salako , disclosed this to one of our
correspondents in Lagos on
Wednesday .
She, however, said that the first step
would be to consult the National
Agency for Food and Drug
Administration and Control and find
out how it arrived at the level of
benzoic and ascorbic acids to be used
in producing soft drinks for
consumption in Nigeria and why the
global standard was different from
that applicable in the country .
Salako said , “ First , we have to
ascertain from NAFDAC how they
arrived at a different standard limit of
benzoic acid for soft drinks meant for
consumption in Nigeria . What is the
condition of the laboratories that the
tests were carried out to determine this
standard ? In the last 10 years, how
many studies have been carried out to
determine the changes in the lifestyle
of consumers ?
“ The standard limit of benzoic acid in
the United Kingdom is 150 mg per
kilogramme, while the standard level
for Nigeria is 250 mg / kg . That is too
high!”
She also suggested that it was possible
that when the 250 mg / kg standard was
set, people were not consuming as
much soft drinks as they were
currently consuming , adding that there
might be a need to review the
standard .
Salako faulted the reaction of the NBC
that because NAFDAC had approved
the standard , it was not bothered .
“ They should be concerned about the
health of their consumers . I would
have expected them to say that in the
light of the current concerns , they
would consider reducing the level of
the acids, because there have been a
lot of health concerns with the
consumption of soft drinks and sugar
these days , ” she stated .
The President, Consumer Awareness
Organisation , Dr. Felicia Monye , said
that although a class action had been
part of the law , the attitude of
consumers to such a suit was not
encouraging to consumer advocacy
groups .
She said , “ Consumers and citizens
generally do not opt for that for
reasons best known to them . You will
see that if 50 people agree to come
together , after one or two meetings ,
the number will just reduce .
“ This lukewarm attitude of consumers
is responsible for the problem of
consumer protection in Nigeria . They
may believe that they have a right , but
when it comes to the enforcement of
that right , they will not show interest ,”
she said .
NAFDAC , NBC appeal
Meanwhile, NAFDAC and the NBC have
appealed the judgment of the Lagos
High Court , which directed the bottler
to put a warning on Fanta and Sprite
bottles that taking the products with
Vitamin C was poisonous .
The Director - General, NAFDAC, Mrs .
Yetunde Oni; and counsel for NBC, Mr.
Olatunde Busari (SAN ), stated this on
Wednesday .
The NAFDAC boss said this just as the
Nigerian Medical Association urged
the agency and the Federal Ministry of
Health to ensure the enforcement of
the judgment .
The NMA held that NAFDAC failed
Nigerians by declaring as fit for
human consumption, drinks
discovered through tests in the United
Kingdom as being poisonous when
mixed with Vitamin C .
The court had awarded a cost of N 2 m
against NAFDAC . The judgment was on
a suit filed by a Lagos - based
businessman, Dr. Emmanuel Fijabi
Adebo , and his company , Fijabi Adebo
Holdings Limited , against NBC Plc and
NAFDAC.
Adebo , had in the suit, asked the court
to declare that NBC was negligent to its
consumers by bottling Fanta and
Sprite with excessive levels of benzoic
acid and sunset additives .
He also urged the court to order
NAFDAC to carry out routine
laboratory tests on all the soft drinks
and related products that NBC was
bottling to ascertain their safety for
consumption.
But the director- general of NAFDAC
said that the agency ’s lawyer had filed
an appeal against the judgment and a
motion to stay its execution .
“ NAFDAC is a national regulatory
authority and will react both
scientifically and legally to the matter .
Our lawyer has filed an appeal and a
motion to stay execution of action of
the judgment also filed , ” Oni stated.
Busari also stated that the NBC had
appealed the judgment , with the
beverage company adding in a
statement that both drinks were
produced in compliance with national
and international food quality and
safety standards in the country .
The statement read in part, “ In the
judgement delivered on February 15 ,
2017, the Lagos High Court dismissed
all claims against the NBC and held
that the company had not breached its
duty of care to consumers and that
there was no proven case of negligence
against it.
“ In the same judgement , the court
directed NAFDAC to mandate the NBC
to include a warning on its bottles of
Fanta and Sprite that its contents
cannot be taken with Vitamin C as it
could be poisonous. This order was
premised on the fact that the products
contain the preservative , benzoic acid .
The NBC has since appealed this
order . ”
According to the company , the levels
of benzoic and ascorbic acid in the
drinks are approved by the regulatory
agencies in the country .
It stated , “ In the subject case, which
dates back to 2007 , the UK authorities
confiscated a consignment of our
products shipped to that country by
the plaintiff , because their benzoic
acid levels were not within the UK
national level although well within the
levels approved by both the national
regulators for Nigeria and the
international levels set by CODEX, the
joint intergovernmental body
responsible for harmonising food
standards globally.
“ The UK limits benzoic acid in soft
drinks to a maximum of 150 mg / kg .
Both Fanta and Sprite have benzoic
levels of 200 mg / kg, which is lower
than the Nigerian regulatory limit of
250 mg/ kg when combined with
ascorbic acid, and 300 mg / kg without
ascorbic acid, and also lower than the
600 mg/ kg international limit set by
CODEX.
“ Both benzoic acid and ascorbic acid,
also known as Vitamin C , are
ingredients approved by international
food safety regulators and used in
many food and beverage products
around the world.
“ These two ingredients are also used
in combination in some of these
products within levels , which may
differ from one country to another as
approved by the respective national
food and drug regulators , and in line
with the range prescribed by CODEX . ”
It added , “ The permissible ingredient
levels set by countries for their food
and beverage products are influenced
by a number of factors such as climate,
an example being the UK, a temperate
region , requiring lower preservative
levels unlike tropical countries.
“ Given the fact that the benzoic and
ascorbic acid levels in Fanta as well as
the benzoic acid level in Sprite
produced and sold by the NBC in
Nigeria are in compliance with the
levels approved by all relevant
national regulators and the
international level set by CODEX , there
is no truth in the report that these
products would become poisonous if
consumed alongside Vitamin C . ”
Expert reacts
A nutrition officer with Federal
Medical Centre, Idiaba , Abeokuta ,
Ogun State , Mr. Oladimeji Okunlola,
advised the NBC to embark on a
campaign to sensitise Nigerians to the
dangers of some of the preservatives
used in its products .
Okunlola also said that aside benzoic
acid, Nigerians should be concerned
about the sodium level in soft drinks
and other consumables .
He said , “ Benzoic acid is a
preservative used in foods and drinks .
There are other preservatives like
alpha tens , a sweetener . It is a class of
protein that is harmful to people living
with kidney failure . There are drinks ,
which have alpha ten specific
warnings on their labels and I think
the NBC should do the same.
“ Vitamin C is a common drug and
when you take it with soft drinks , a gas
is released and it can affect the kidney
and the liver. I think NBC should come
out with a better defence . The story
that the benzoic acid in the drink is
still within acceptable limits does not
fly . Who determines the acceptable
levels ? Is it the Nigeria Medical
Association or NAFDAC ?” Additional reports by Friday Olokor , Ifeanyi Onuba , Folashade Adebayo and Ramon Oladimeji http://punchng.com/fanta-sprite-ruling-consumer-groups-consider-class-action-suit-against-nbc/ |
