A Lagos State High Court, Igbosere, yesterday ordered the National
Agency for Food, Drug Administration and Control (NAFDAC) to compel
Nigeria Bottling Company (NBC) Plc, manufacturers of Fanta and Sprite
soft drinks, to include a written warning that the drinks should not be
taken with Vitamin C.
Justice Adedayo Oyebanji gave the order
while delivering judgment in a suit by a Lagos businessman, Dr. Emmanuel
Fijabi Adebo, and his firm, Fijabi Adebo Holdings Ltd., against NBC and
NAFDAC.
The
court warned that taking Fanta and Sprite with Vitamin C is poisonous
and awarded N2 million against NAFDAC for failing “to live up to
expectations”.
It said NAFDAC failed Nigerians by certifying
as satisfactory for human consumption, products which, in the United
Kingdom (UK), failed sample test for human consumption and became
poisonous in the presence of Ascorbic Acid, known as Vitamin C.’
The
plaintiffs urged the court to declare the NBC was negligent and
breached the duty of care owed its customers and consumers in the
production of Fanta and Sprite with excessive “benzoic acid and sunset”
additive.
Fijabi also urged the court to direct NAFDAC to conduct
routine laboratory tests of all soft drinks and allied products of the
company, to guarantee their safety.
Counsel to the plaintiffs,
Mr. Abiodun Onidare, in an amended statement of claim, alleged that
sometime in March 2007, Fijabi Adebo Holdings purchased large quantities
of Coca-Cola, Fanta Orange, Sprite, Fanta Lemon, Fanta Pineapple and
Soda Water from NBC for export to the UK for retail purpose.
“In
consideration of the fact that this case was filed in 2008 and has been
in court for nine years, N2 million is awarded against NAFDAC. Interest
shall be paid on the cost awarded at the rate of 10 per cent per annum
until liquidation of the said sum,” Justice Oyebanji said.