Published March 14, 2017
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by Taboola
A Lagos High Court in Igbosere has
ordered the National Agency For Food ,
Drug Administration and Control to ,
forthwith, mandate the Nigerian
Bottling Company PLC , manufacturers
of Coke, Fanta and Sprite soft drinks ,
to include a written warning that the
content of the bottles cannot be taken
with Vitamin C.
In a judgement delivered by Justice
Adedayo Oyebanji on Monday , the
court warned that taking the soft
drinks with Vitamin C is poisonous.
The court also declared that NAFDAC
has failed Nigerians by its certification
as satisfactory for human
consumption, products which in the
United Kingdom failed sample test for
human consumption and which
became poisonous in the presence of
Ascorbic Acid ordinarily known as
Vitamin C , which can be freely taken
by unsuspecting members of the public
with Fanta and Sprite .
The court also awarded a cost of N2
million against NAFDAC .
The judgement of the court was sequel
to a suit filed by a Lagos businessman,
Dr. Emmanuel Fijabi Adebo , and his
company, Fijabi Adebo Holdings
Limited , against NBC and NAFDAC.
The plaintiffs urged the court to
declare that NBC was negligent and
breached the duty of care owed to
their valued customers and consumers
in the production of contaminated
Fanta and Sprite soft drinks with
excessive “ benzoic acid and sunset ”
addictive .
Fijabi also urged the court to direct
NAFDAC to conduct and carry out
routine laboratory tests of all the soft
drinks and allied products of the
company to ensure and guarantee the
safety of the consumable products ,
produced from the Nigerian Bottling
Company factory.
In an amended statement of claim
filed before the court by a Lagos
lawyer, Abiodun Onidare , on behalf of
the claimants , he alleged that
sometime in March 2007 , Fijabi Adebo
Holdings Company purchased from
NBC large quantities of Coca- Cola ,
Fanta Orange, Sprite , Fanta Lemon,
Fanta Pineapple and Soda Water for
export to the United Kingdom for
retail purposes and supply to their
customers in the United Kingdom .
When the consignment of the soft
drinks arrived in United Kingdom,
fundamental health related matters
were raised on the contents and
composition of the Fanta and Sprite
products by the United Kingdom
Health Authorities , specifically the
Stockport Metropolitan Borough
Council ’s Trading Standard
Department of Environment and
Economy Directorate.
The findings of the said United
Kingdom were also corroborated by
the Coca - Cola European Union and
products were found to have excessive
levels of “ Sunset Yellow and Benzoic
Acid “ which are unsafe for human
consumption.
Due to the irregularities and harmful
content of the soft drinks which can
cause cancer to the consumer, the
claimants could not sell the Fanta and
Sprite products resulting in
appreciable losses, as they were
certified unsuitable for consumption
and were seized and destroyed by the
United Kingdom health authorities .
The claimants alleged further that
NAFDAC failed to carry out necessary
tests to determine if the soft drinks
were safe for human consumption .
The claimants averred that as a
registered exporter with the Nigerian
Export Promotion Council , they could
lawfully export the products of Nigeria
Bottling Company to any part of the
world. Infact, Nigeria Bottling
Company was aware that the products
they purchased were meant for export .
Consequently, apart from other reliefs ,
the claimants demanded
N15 , 119 ,619 . 37 as special damages
and N 1 , 622 ,000 being the money
admittedly received from the
claimants .
However , Nigeria Bottling Company ,
in its amended statement of defence
filed before the court by Mr. T . O .
Busari , admitted supplying the
products but contended that the
product manufactured by the company
were meant for local distribution and
consumption as the company does not
manufacture its products for export ,
as Coca - Cola brand of soft drinks is
manufactured and bottled by various
Coca- Cola franchise holders in most
countries of the world, including the
United Kingdom.
The company denied that it was
negligent in the manufacturing of its
products as alleged , stressing that
stringent quality control procedures
were adopted in its production process
to ensure that its products are safe for
consumption of the final user .
The company denied that the damages
alleged by the claimants was
occasioned by its negligence or any
fault from the company as the level of
the chemical components in its soft
drinks is safe for consumption in
Nigeria.
Nigeria Bottling Company contended
that the claimants claims are
speculative , frivolous and vexatious
and should be dismissed with
substantial costs .
NAFDAC did not file any defence
In proving his case, Adebo testified for
himself while being led in evidence by
Mr Abiodun Onidare and tendered 12
exhibits , while the Sales Operation
Manager, Micheal Nwosu China and
the head of Central Laboratory,
Abiodun Adeola Falana , both of
Nigeria Bottling Company , testified on
behalf of the company and also
tendered 12 exhibit .
In her judgement , Justice Oyebanji
said : “ It is imperative to state that the
knowledge of the Nigeria Bottling
Company that the products were to be
exported is immaterial to its being fit
for human consumption . The court is
in absolute agreement with the
learned counsel for the claimants that
soft drinks manufactured by Nigeria
Bottling Company ought to be fit for
human consumption, irrespective of
colour or creed .
“ It is manifest that NAFDAC has been
grossly irresponsible in its regulatory
duties to the consumers of Fanta and
Sprite manufactured by Nigeria
Bottling Company . In my respective
view, NAFDAC has failed the citizens
of this great nation by its certification
as satisfactory for human
consumption, products which in the
United Kingdom failed sample test for
human consumption and which
become poisonous in the presence of
Ascorbic Acid ordinarily known as
Vitamin C , which can be freely taken
by the unsuspecting public with the
company’ s Fanta or Sprite.
“ As earlier stated , the court is in
absolute agreement with the learned
counsel for the Claimants that
consumable products ought to be fit
for human consumption , irrespective
of race , colour or creed .
“ By its certification as satisfactory ,
Fanta and Sprite products
manufactured by the Nigerian Bottling
Company , without any written
warning on the products that it cannot
be taken with Vitamin C, NAFDAC
would have by its grossly irresponsible
and unacceptable action caused great
harm to the health of the unsuspecting
public.
“ The court , in the light of the damming
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 .
“ For the reasons herein adumbrated in
this judgement, the court hereby
orders as follows :
“ That NAFDAC shall forthwith mandate
the Nigerian Bottling Company to ,
within 90 days hereof , include on all
the bottles of Fanta and Sprite soft
drinks manufactured by the company ,
a written warning that the content of
the said bottles of Fanta and Sprite soft
drinks cannot be taken with Vitamin C
as same becomes poisonous if taken
with Vitamin C.
“ In consideration of the fact that this
case was filed in 2008 and that it has
been in court for nine years, costs of
N2 million is awarded against
NAFDAC. Interest shall be paid on the
costs awarded at the rate of 10 % per
annum until liquidation of the said
sum . ” Source: Punch newspaper

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