Admin l Wednesday, March 15, 2017
IGBOSERE, Lagos, Nigeria – A Lagos High Court sitting in Igbosere on Tuesday ordered the National Agency for Food and Drug Administration and Control, NAFDAC to direct Nigerian Bottling Company Plc, makers of Fanta, Coke and Sprite to within 90 days attach to their products, a warning that ingesting fanta, Sprite, Coke and soft drinks in general with Vitamin C is poisonous
Justice Adedayo Oyebanji of the Lagos High Court, Igbosere, gave the order following a suit filed by a businessman, Fijabi Adebo, and his firm, Fijabi Adebo Holdings Ltd that his client bought large quantities of different products from NBC for export to the UK but that 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 claimants demanded N15.1 million as special damages and N1.6 million being the money the NBC admitted it received from the claimants.
NBC, through its lawyer, T. O. Busari told the court that what happened to themproducts was not negligent as claimed by the plaintiff, since it has stringent quality control procedures to ensure that its products are safe for end-user 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.
According to the judge, 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.
“NAFDAC shall forthwith mandate Nigeria 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.”
