Court Orders Nigerian Bottling Company To Warn Consumers Of Dangers Of Drinking Fanta, Sprite With Vitamin C

A Lagos High Court sitting has ordered the National Agency For Food and Drug Administration and Control (NAFDAC) to order the Nigerian Bottling Company (NBC) Plc to put a written warning on Fanta and Sprite bottles stating that both soft drinks are poisonous when consumed along with Vitamin C.

The court also 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 (popularly known as Vitamin C).     

In the judgment given by Justice Adedayo Oyebanji, the court awarded a cost of N2 million against NAFDAC. The judgment was the 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.                          

Mr. Adebo, in the suit, 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.

The businessman also urged the court to order 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.

 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.

 Source: Sahara Reporters