A Lagos High Court sitting at Igbosere suburb area of Lagos
State, has berated and ordered the National Agency For Food and Drug
Administration and Control (NAFDAC) to compel the Nigerian Bottling Company
(NBC) Plc to ensure a written warning on Fanta and Sprite bottles indicating
that both soft drinks are poisonous when taken with Ascorbic Acid, also popularly
known as Vitamin C in Nigeria, reports NaijaAgroNet.
A copy of the judgement making a round and available to NaijaAgroNet, the court held that NAFDAC failed Nigerians by declaring, as fit
for human consumption, products discovered by tests in the United Kingdom as
turning poisonous when mixed with ascorbic acid.
Delivering the landmark judgement in Lagos, Justice Adedayo
Oyebanji, awarded a cost of N2 million only against NAFDAC, as outcome of 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 urged 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, in addition
to ordering NAFDAC to carry out routine laboratory tests on all the soft drinks
and related products NBC bottles to ensure their safety for consumption.
In the amended statement of claims filed before the court by
Mr. Abiodun Onidare on behalf of Mr. Adebo and his company, it was alleged that in March 2007, Fijabi
Adebo Holdings Company bought large quantities of Coca-Cola, Fanta Orange,
Sprite, Fanta Lemon, Fanta Pineapple and soda water from NBC for export to and
subsequent retail in the United Kingdom.
But when the consignment arrived in the United Kingdom,
health authorities in that country, precisely the Stockport Metropolitan
Borough Council's Trading Standard, Department of Environment and Economy
Directorate, raised fundamental health issues on the contents and composition
of Fanta and Sprite.
Findings by the United Kingdom health authorities were also
corroborated by other agencies in European Union countries, which found the
products to contain excessive levels of sunset yellow and benzoic acid, which are
known to be carcinogenic.
On account of the irregularities and carcinogenic substances
present in the drinks, Mr. Adebo and his company could not sell the Fanta and
Sprite. This caused huge losses for the company, as the products were seized
and destroyed by the United Kingdom health authorities.
The claimants equally alleged that NAFDAC did not carry out
requisite tests to determine the safety of the drinks for human consumption.
They averred that being registered as exporters with the Nigerian Export
Promotion Council, they could legally export NBC products to any part of the
world and that the bottling company was aware that the products purchased were
meant for export.
In addition to other reliefs, Mr. Adebo and his company
sought the sum of N15,119,619.37 as special damages and N1,622,000 being the
money NBC admitted receiving from the claimants.
In its amended statement of defense, filed before the court
by Mr. T. O. Busari, NBC admitted supplying the products, but contended that
they are meant for local distribution and consumption, as it does not produce
for export. It argued that Coca-Cola 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, as it has
stringent quality control procedures to ensure that its products are safe for
end-user consumption.
NBC also rejected the allegation that the damages claimed by
the businessman and his firm were caused by negligence or any fault on its
part. It argued that the levels of the
chemical components in its soft drinks 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.
NBC further contended that the claims made by Mr. Adebo and
his company were speculative, frivolous and vexatious and should be dismissed
with substantial cost. NAFDAC did not file any defense.
To prove his case, Mr. Adebo personally testified. While
being led in evidence by Mr. Onidare, he tendered 12 exhibits. NBC's Sales
Operation Manager, Mr. Micheal Nwosu China, and its Head of Central Laboratory,
Mr. Abiodun Adeola Falana, both testified on the bottling company's behalf and
also tendered 12 exhibits.
In her judgment, 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 color 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.”
Justice Oyebanji also held that by its certification as
satisfactory, Fanta and Sprite, without any written warning on the products
that it cannot be taken with Vitamin C, NAFDAC would have caused great harm to
the health of unsuspecting Nigerians.
“The court, in the light of the damning evidence before it
showing that NAFDAC has failed to live up to expectation, 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 judgment, the court
hereby orders as follows:
“That 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,” ruled Justice Oyebanji.
Isaac Oyimah with additional reports from Sahara Reporters/GEE
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