Coca-Cola and the Nigerian Bottling Company Ltd have been accused of intentionally misleading Nigeria in an attempt to sell its Coca-Cola less sugar variant.
This indictment was made by the Federal Competition and Consumer Protection Commission (FCCPC), in its report after an extensive investigation.
NBC is a member of the Coca-Cola Hellenic Bottling Company A.G, an anchor bottler for The Coca-Cola Company in 29 countries.
The FCCPC stated that Coca-Cola and NBC knowingly and intentionally applied a “trade description to the Coca-Cola less sugar variant that could reasonably mislead consumers as to the nature and feel of the drink, in such a manner that consumers would assume that the product was the Coca-Cola original taste variant”.
According to the agency, the act is a violation of Section 116 (1) and (2) of the FCCPA.
The commission also stated that it received multiple complaints associated with this, and “as such also concludes based on the evidence, that consumers were indeed, and as a matter of fact misled by the false and inaccurate portrayal of Coke Original Taste Less Sugar as Coke Original Taste.”
The development started in October 2018 and has continued unabated till date, the agency noted.
Coca-Cola and the NBC were also accused of branding Coca-Cola less sugar variant in a manner so identical to the Coca-Cola original taste variant which is likely to mislead consumers as to the actual content and feel of the product.
The commission report noted that “yet, the Companies knowingly supplied, displayed, advertised and distributed these products with the misleading labels to consumers, in violation of Section 116(3)(a) of the FCCPA. This violation which commenced in October 2018, persists till date”.
Another product that was flagged for misleading Nigerians is the “zero sugar variant of Limca Line-Lemon flavored drink” which the NBC is accused of “having consistently produced and distributed for at least a period of 10 months, in its usual packaging”.
It was noted that applying an identical label to the 50:50 sugar variant was misleading.
“The Commission finds that NBC deliberately engaged in this deceit in an effort to surreptitiously re-introduce the 50% sugar variant to the market, after experimentation with the zero sugar variant,” it said.
“The application of such deceptive trade description violates the provisions of Sections 17(g), 116 (1) and (2) of the FCCPA.” the commission’s report read
It further read “that NBC, having applied the deceptive trade descriptions to the two variants of Limca Lime- Lemon flavoured drink, then proceeded to supply these products to consumers, knowing that such deceptive labelling is likely to mislead consumers as to the contents of the bottle. This conduct violates the provision of Section 116(3) of the FCCPA.”
“That NBC, by producing and distributing the two variants of Limca Lime-Lemon flavoured drink in the same packaging and brand design, and using the same NAFDAC registration number for both products, impliedly and falsely communicated to the consumer that both products are the same and thus misled and deceived consumers, in violation of Section 123 (1) (a), (b) and (c) of the FCCPA and Regulation 2 (a) of the National Agency For Food And Drug Administration and Control Act (2004), Pre-packaged Food (Labelling) Regulations.”
Coca-Cola Company owns, develops and markets its brands while the NBC is responsible for producing, distributing, and selling these beverages.
