A High Court sitting in Lagos has issued an ordered to the
National Agency for Food, Drug Administration and Control (NAFDAC) to direct
the Nigeria Bottling Company Plc. – manufacturers of Sprite and Fanta soft
drinks to include a caveat (warning notice) on the bottles of the two products –
Sprite and Fanta, stating that their contents should not be taken with Vitamin
C; to avoid health hazard that may cause death.
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Delivering judgment at the Lagos High court, Justice Adedayo Oyebanji gave the order following a suit filed by a businessman, Fijabi Adebo, and his firm, Fijabi Adebo Holdings Ltd. The legal action, which was instituted in 2008 by Fijabi Adebo, and his firm, Fijabi Adebo Holdings Ltd had Nigeria Bottling Company Plc and National Agency for Food, Drug Administration and Control (NAFDAC) as defendants.
Delivering judgment at the Lagos High court, Justice Adedayo Oyebanji gave the order following a suit filed by a businessman, Fijabi Adebo, and his firm, Fijabi Adebo Holdings Ltd. The legal action, which was instituted in 2008 by Fijabi Adebo, and his firm, Fijabi Adebo Holdings Ltd had Nigeria Bottling Company Plc and National Agency for Food, Drug Administration and Control (NAFDAC) as defendants.
The Plaintiff’s lawyer, Abiodun Onidare, informed the court
that his client bought large quantities of different products from Nigeria
Bottling Company Plc. (NBC) for export to the United Kingdom (UK) but when they
arrived at their destination, Fanta and Sprite failed UK Health Authorities’
(Stockport Metropolitan Borough Council’s Trading Standards Department of
Environment and Economy Directorate) sample test for human consumption, as they
became poisonous when mixed with Ascorbic Acid (Vitamin C)
The Plaintiff demanded N15.1
million as special damages and N1.6 million being the money the NBC admitted it
received from the Plaintiff for then said transaction.
The defense
Counsel to the Nigeria Bottling Company Plc. (NBC), Barrister T. O. Busari, argued
that it was not negligent as claimed by the plaintiff, because his clients –
the Nigeria Bottling Company Plc. has stringent quality control procedures to
ensure that its products are safe for end-user consumption.
The NBC
argued that the levels of the chemical components in its soft drinks,
especially Fanta and Sprite are safe for consumption in Nigeria and that the
claimants are not entitled to the recovery of damages arising from their
illegal exportation of products meant for local distribution within Nigeria.
NAFDAC as
the second Defendant did not file any defense in the case.
The High Court Judge, Justice
Oyebanji in his ruling stated that the knowledge of the Nigeria Bottling
Company that the products were to be exported was immaterial to its being fit
for human consumption.
“The court
is in absolute agreement with the learned counsel for the Plaintiff that soft
drinks manufactured by the 1st Defendant – Nigeria Bottling Company Plc.
ought to be fit for human consumption irrespective of colour or creed,” he
said.
He went
further to state thus; “It is manifest that NAFDAC has been grossly irresponsible
in its regulatory duties to the consumers of Fanta and Sprite manufactured by the
1st Defendant – Nigeria Bottling Company Plc.”
Credit: Tell Force Blog |
The judge
said; NAFDAC had failed Nigerians 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.
“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,” the judge said.
The Court
ruled that; “NAFDAC shall forthwith mandate Nigeria Bottling Company Plc.
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: Premium Times
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