The Nigerian Bottling Company Limited (NBC) has admitted before the Competition and Consumer Protection Tribunal that the mislabeling of the zero-sugar variant of Limca Lime-Lemon was due to a production error at its Abuja factory.

This disclosure was part of evidence presented to the Federal Competition and Consumer Protection Commission (FCCPC).

NBC and FCCPC are currently engaged in a legal dispute over the Commission’s N190 million penalty related to NBC’s product labeling and packaging practices.

NBC’s Position on FCCPC Allegations
NBC, which holds the Coca-Cola bottling franchise, refuted FCCPC’s allegations of misleading labeling and unfair marketing tactics for Coca-Cola variants such as “Original Taste” and “Original Taste, Less Sugar.”

NBC’s legal team, led by Oluseye Opasanya (SAN), filed an appeal (CCPT/APP/6/2024, dated September 5, 2024), challenging the FCCPC’s findings and penalty. Opasanya argued that the Commission overstepped its authority, particularly regarding its demand for audited financial statements to calculate fines.

He also contended that NBC had already introduced revised labels for the Coke “Less Sugar” variant, which had been pre-approved by the FCCPC. This, he said, barred the Commission from imposing penalties for alleged violations.

Defense Against Mislabeling Claims
Opasanya defended NBC’s actions, stating that the mislabeling of the Limca Lime-Lemon zero-sugar variant was accidental and restricted to one factory. He criticized FCCPC for failing to verify whether similar errors occurred at NBC’s other seven factories across Nigeria.

The senior lawyer further argued that NBC’s use of the same NAFDAC registration number for both the zero-sugar and 50:50 variants of Limca Lime-Lemon was lawful, as it had obtained prior approval from the National Agency for Food and Drug Administration and Control (NAFDAC).

Opasanya called on the Tribunal to nullify FCCPC’s orders and investigation report, including the penalty, and argued that the Commission’s actions were speculative and lacked sufficient evidence.

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FCCPC’s Response
In response, FCCPC’s legal representative, Abimbola Ojenike, maintained that the Commission acted within its statutory authority during the investigation. He stated that NBC admitted to simultaneous production of the zero-sugar and 50:50 variants of Limca Lime-Lemon in identical packaging, which could mislead consumers.

Ojenike emphasized that the Consumer Protection Act requires differentiation in product labeling to prevent consumer deception, assessed from the perspective of a reasonable consumer. He urged the Tribunal to dismiss NBC’s appeal and uphold FCCPC’s orders.

Broader Implications
Coca-Cola Nigeria Limited (CCNL) is also involved in a related case with the FCCPC over a N186.67 million penalty concerning its labeling and marketing practices.

As of December 11, 2024, the FCCPC has agreed not to take further regulatory actions against NBC and Coca-Cola Nigeria Limited until the Tribunal resolves their appeals. The Tribunal has scheduled the next hearing for February 4, 2025.

The Abuja Post