NBC confirms Limca zero-sugar mislabeling was accidental, challenges N190m fine

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

The company confirmed to the Federal Competition and Consumer Protection Commission (FCCPC) that the mislabeling was accidental, not deliberate.

NBC and FCCPC are currently in a dispute before the Tribunal over an N190 million penalty imposed on NBC for its packaging of Coke products and other related issues. The FCCPC had accused Coca-Cola Nigeria Ltd (CNL) and NBC of using misleading trade descriptions and unfair marketing tactics, particularly with their Coke variants, including Original Taste and Less Sugar.

In its amended appeal, NBC, represented by Oluseye Opasanya SAN, rejected these allegations and argued that the FCCPC’s findings were baseless. Opasanya also claimed that the FCCPC exceeded its authority by imposing a penalty and ordering NBC to pay fines based on audited financial statements, which he argued the FCCPC is not authorized to request under the law.

Additionally, NBC contended that it had already implemented new labels for the Coke Less Sugar variant, which had been approved by the FCCPC, and therefore the penalty was unjustified.

NBC also disputed the FCCPC’s claim of deceptive marketing for the Coke Zero-sugar variant and the 50:50 variant of Limca Lime-Lemon. It emphasized that the mislabeling of the zero-sugar variant was accidental and occurred only at the Abuja factory. The company noted that the FCCPC had failed to investigate whether the same error occurred at its other seven factories, relying instead on speculative evidence.

Opasanya further pointed out that NBC had obtained approval from the National Agency for Food and Drug Administration and Control (NAFDAC) before applying the same NAFDAC registration number to both the zero-sugar and 50:50 variants of Limca Lime-Lemon, making the packaging legally valid. He requested the Tribunal to quash the FCCPC’s penalty and its orders, including its investigation report related to these products.

In response, FCCPC’s lawyer, Abimbola Ojenike, defended the Commission’s authority to issue and enforce orders regarding consumer protection violations. He argued that NBC had admitted to violations, including producing the zero-sugar and 50:50 variants of Limca Lime-Lemon in identical packaging, which could mislead consumers. Ojenike urged the Tribunal to dismiss NBC’s appeal and uphold the FCCPC’s orders.