A Lagos state high court has ruled that Fanta and Sprite, soft drinks produced by the Nigerian Bottling Company (NBC), contain excessive levels of additives which make them unsafe for human consumption.
This ruling is the result of a 2008 suit filed by one Emmanuel Adebo, a Nigerian businessman, after his company was unable to sell large quantities of the drinks in the United Kingdom.
Adedayo Oyebanji, the presiding judge, ordered the National Agency for Food, Drug Administration and Control (NAFDAC) to direct the manufacturer to include a warning on the containers of the product that its content cannot be taken with Vitamin C.
Abiodun Onidare, Fijabi’s lawyer, told the court that his client bought large quantities of products for export to the UK, but that the products failed to meet the country’s health authorities sample test.
He said they were declared unfit for human consumption “because they became poisonous” after being mixed with Ascorbic acid (Vitamin C).
“These results were corroborated by other agencies in European Union countries, which found the products to contain excessive levels of sunset yellow and benzoic acid, additives which are known to be carcinogenic (capable of causing cancer),” he said.
Adebo said the products were eventually seized and destroyed by health authorities.
In its defense, NBC admitted supplying the products, but argued that they were meant for local distribution and consumption.
It said Coca-Cola, manufactured and bottled by franchise holders in various countries, including the United Kingdom, has stringent quality control procedures to ensure that its products are safe for end-user consumption.
The claimant demanded N15.1 million as special damages and N1.6 million, being the money the NBC admitted it received from him.
NAFDAC did not file any defense in the case.
In her judgement, Oyebanji said the knowledge of the NBC that the products were to be exported was not significant 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 race, colour or creed,” she held.
“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.”
She said NAFDAC had failed Nigerians by certifying as satisfactory for human consumption, products which failed sample test for human consumption in the UK.
“The court, in the light of the damning evidence before it showing that NAFDAC has failed to live up to expectations, cannot close its eyes to the grievous implication of allowing the status quo to continue as it is,” she held.
“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.”
He said apart from the late President Umaru Musa Yar’Adua, former Presidents Olusegun Obasanjo and Goodluck Jonathan have not denied scrutinising the terms of settlement in the deal.
But Obasanjo has denied any involvement, asking anyone with evidence to come forward.
Describing it as corrupt, Obasanjo said he could not have approved a deal with Etete, a businessman who was one of the major beneficiaries of the lucrative oil block.
However, documents seen by TheCable showed agreements between Malabu and the government of Obasanjo.
In a letter dated December 2, 2006, addressed to Malabu Oil and Gas Limited and Etete, Edmund Daukoru, who served Obasanjo as minister of state for petroleum resources, conveyed an approval of Obasanjo regarding the deal.
The letter titled: ‘Malabu Oil and Gas Limited – out-of-court settlement in respect to OPL 245′, read: “We are delighted to convey that the president of the federal republic of Nigeria and commander-in-chief of the armed forces having concluded a review of your legal claims for the return of the oil block 245 has graciously approved and directed as follows.
“Malabu Oil and Gas Limited shall be at liberty to exercise all rights incidental to and consequent upon the return of the oil block to it and shall be free to assign, pledge or deal in any way with its restored rights in OPL 245, in whole or in part to any 3rd party subject as always to the operative laws of Nigeria including but not limited to obtaining all approvals permit and appropriate consents necessary.”
Before the out-of-court settlement, a document dated November 3, 2006, revealed that Daukoru brokered a similar settlement agreement with Malabu on behalf of the federal government.
On January 26, the federal high court ordered a return of OPL 245 back to the federal government pending investigation into the deal.
This followed a motion by the EFCC.
Shell and Agip have challenged the decision and applied that it be returned to them
The court is expected to rule on the application on Friday.
END
NBC Allays Concerns Over Benzoic Acid in Soft Drinks
Our attention has been drawn to media reports which contain misleading information on the safety of benzoic and ascorbic acids as ingredients in soft drinks, citing a Lagos High Court order.
In the judgement delivered on February 15, 2017 in a suit involving Fijabi Adebo Holdings Limited & Dr. Emmanuel Fijabi Adebo v. Nigerian Bottling Company Limited (NBC) & National Agency for Food and Drug Administration and Control (NAFDAC), the Lagos High Court dismissed all claims against NBC and held that the company had not breached its duty of care to consumers and that there was no proven case of negligence against it.
In the same judgement, the court directed NAFDAC to mandate NBC to include a warning on its bottles of Fanta and Sprite that its contents cannot be taken with Vitamin C as same become poisonous if taken with Vitamin C. This order was premised on the fact that the products contain the preservative, benzoic acid. NBC has since appealed this order.
Whilst we do not wish to delve into the details of the case or the merits of the court order by this medium, we find it imperative in the interest of consumers and members of the public to make the following clarifications:
1. In the subject case which dates back to 2007, the UK authorities confiscated a consignment of our products shipped to that country by the plaintiff because their benzoic acid levels were not within the UK national level, although well within the levels approved by both the national regulators for Nigeria and the international levels set by CODEX, the joint intergovernmental body responsible for harmonizing food standards globally.
2. The UK standards limit benzoic acid in soft drinks to a maximum of 150 mg/kg. Both Fanta and Sprite have benzoic levels of 200 mg/kg which is lower than the Nigerian regulatory limit of 250 mg/kg when combined with ascorbic acid and 300 mg/kg without ascorbic acid and also lower than the 600 mg/kg international limit set by CODEX.
3. Both benzoic acid and ascorbic acid (Vitamin C) are ingredients approved by international food safety regulators and used in many food and beverage products around the world.
4. These two ingredients are also used in combination in some of these products within levels which may differ from one country to another as approved by the respective national food and drug regulators and in line with the range prescribed by CODEX,.
5. The permissible ingredient levels set by countries for their food and beverage products are influenced by a number of factors such as climate, an example being the UK, a temperate region, requiring lower preservative levels unlike tropical countries.
6. Given the fact that the benzoic and ascorbic acid levels in Fanta as well as the benzoic acid level in Sprite produced and sold by NBC in Nigeria are in compliance with the levels approved by all relevant national regulators and the international level set by CODEX, there is no truth in the report that these products would become poisonous if consumed alongside Vitamin C.
7. The wrong perception emanating from the media reports that our Fanta and Sprite beverages which are fully compliant with all national and international food quality and safety standards are unsafe, simply because their levels of Benzoic acid were not within the UK standards, is not only unfounded but also undermines the entire food and beverage industry in Nigeria which is regulated by the same ingredient levels approved by NAFDAC and other regulatory bodies for the country.
NBC hereby assures our consumers and members of the public of our unwavering commitment to product quality, safety and customer satisfaction.
Signed
Management
Nigerian Bottling Company Ltd