Justice Adedayo Oyebanji of Igbosere High Court has ordered the
National Agency for Food and Drug Administration and Control (NAFDAC) to
henceforth mandate the Nigerian Bottling Company (NBC) Plc to include
on all bottles of Fanta and Sprite soft drinks manufactured by the
company a written warning that the content of the said soft drinks
cannot be taken with Vitamin C as same becomes poisonous
Justice
Oyebanji also declared that NAFDAC has failed the citizens of this great
nation by its certification as satisfactory for human consumption,
products in 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 Fanta and Sprite.
The court also awarded a cost of N2 million against NAFDAC.
The
judgment 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.
Adebo also urged the
court to declare that the firm was negligent and breached the duty of
care owed to their valued customers and consumers in the production of
contaminated soft drinks with excessive “benzoic acid and sunset”
addictive.
He also prayed 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 factory.
In an amended
statement of claim filed before the court by counsel to the claimant,
Abiodun Onidare, it was alleged that sometimes in March 2007, Fijabi
Adebo’s company purchased from the 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 United Kingdom (UK).
When
the consignment of the soft drinks arrived in the UK, 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 were also corroborated by the Coca-cola European Union and the
products were found to have excessive levels of “Sunset Yellow and
Benzoic Acid “which are unsafe for human consumption.
And due to
the irregularities and harmful content of the soft drinks, which can
cause cancer to the consumers, the claimants could not sell the products
resulting in appreciable losses, as they were certified unsuitable for
consumption and were seized and destroyed by the UK 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.
However, in its amended statement of defence filed before the court by Mr. T. O. Busari, the NBC admitted supplying the
products but contended that the products manufactured by the company were meant for local distribution and consumption.
It
denied that it was negligent in the manufacturing of its products as
alleged. It said that stringent quality control procedures were adopted
in its production process to ensure that its products are safe for
consumption of the final user.
Meanwhile, NAFDAC did not file any defence.
In
her judgment, Justice Oyebanji said: “It is imperative to state that
the knowledge of the NBC that the products were not 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 the NBC ought to be fit for human
consumption irrespective of color or creed.
“In consideration of
the fact that this case was filed in 2008 and that it has been in court
for nine years, cost of N2 million is awarded against NAFDAC. Interest
shall be paid at the rate of 10 per cent yearly until liquidation of the
said sum.”
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