Are Poisonous With Vitamin C, Court Orders
NAFDAC, Blasts Agency For Declaring The Soft
Drinks Safe
• SaharaReporters
A Lagos High Court sitting at Igbosere 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.
On account of the irregularities and carcinogenic
substances present in the drinks, Mr. Adebo and
his company could not sell the Fanta and Sprite.
This caused huge losses for the company, as the
products were seized and destroyed by the United
Kingdom health authorities.
The claimants equally alleged that NAFDAC did
not carry out requisite tests to determine the
safety of the drinks for human consumption. They
averred that being registered as exporters with
the Nigerian Export Promotion Council, they could
legally export NBC products to any part of the
world and that the bottling company was aware
that the products purchased were meant for
export.
In addition to other reliefs, Mr. Adebo and his
company sought the sum of N15,119,619.37 as
special damages and N1,622,000 being the money
NBC admitted receiving from the claimants.
In its amended statement of defense, filed before
the court by Mr. T. O. Busari, NBC admitted
supplying the products, but contended that they
are meant for local distribution and consumption,
as it does not produce for export. It argued that
Coca-Cola is manufactured and bottled by
various Coca-Cola franchise holders in most
countries of the world, including the United
Kingdom.
The company denied that it was negligent, as it
has stringent quality control procedures to ensure
that its products are safe for end-user
consumption.
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.
NBC further contended that the claims made by
Mr. Adebo and his company were speculative,
frivolous and vexatious and should be dismissed
with substantial cost. NAFDAC did not file any
defense.
To prove his case, Mr. Adebo personally testified.
While being led in evidence by Mr. Onidare, he
tendered 12 exhibits. NBC's Sales Operation
Manager, Mr. Micheal Nwosu China, and its Head
of Central Laboratory, Mr. Abiodun Adeola Falana,
both testified on the bottling company's behalf
and also tendered 12 exhibits.
In her judgment, Justice Oyebanji said: “It is
imperative to state that the knowledge of the
Nigeria Bottling Company that the products were
to be exported is immaterial 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 color or creed.
“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. In my respective view,
NAFDAC has failed the citizens of this great
nation by its certification as satisfactory for
human consumption products, which in the United
Kingdom failed sample test for human
consumption, and which become poisonous in the
presence of Ascorbic Acid ordinarily known as
Vitamin C, which can be freely taken by the
unsuspecting public with the company's Fanta or
Sprite.
“As earlier stated, the court is in absolute
agreement with the learned counsel for the
claimants that consumable products ought to be
fit for human consumption irrespective of race,
colour or creed.”
Justice Oyebanji also held that by its certification
as satisfactory, Fanta and Sprite, without any
written warning on the products that it cannot be
taken with Vitamin C, NAFDAC would have
caused great harm to the health of unsuspecting
Nigerians.
“The court, in the light of the damning evidence
before it showing that NAFDAC has failed to live
up to expectation, cannot close its eyes to the
grievous implication of allowing the status quo to
continue as it is.
“For the reasons herein adumbrated in this
judgment, the court hereby orders as follows :
“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,” ruled Justice
Oyebanji.
[3/15, 9:52 AM] +234 809 686 5000: Are you aware of this? Sent as received: Hmmmmmmmmmmmmmmmmm!!!
They are killing us slowly in Nigeria, and we do not know.
Apparently, for 9 years, a civil law case has been going on against Coca Cola Bottling Company, manufacturers of Fanta and Sprite, That impacts directly on our health and lives. Let me try and paraphrase it, so una no go sleep off.
Basically, one Dr Fijabi, had in 2007, bought about N12 million worth of Fanta and Sprite drinks from Coca Cola Ltd, and exported same to the United Kingdom. However, on reaching England, under Health and Safety regulations, the authorities tested the products and found them to contain "poisonous levels of Benzoic Acid and Sunset addictives" And were therefore declared "unfit for human consumption". The whole export consignment was consequently destroyed.
Dr Fijabi therefore, sued Coca Cola for Negligence, breach of duty of care to its customers, and loss of earnings.
Fine.
Now comes the interesting part:
The Almighty Coca Cola only offered one defence in court :
That Mr Fijabi did not tell them he was going to Export the Fanta and Sprite to England; That they were indeed manufactured "FOR LOCAL CONSUMPTION".
What???
For local consumption?
Make I continue?? Hmmmmmmmmmm
So what Coca Cola bottling company is telling us, is that,
If they knew the Fanta and Sprite were to be exported to England, they would not have added so much poisonous acid;
But for the people of Nigeria, it is normal to poison us.
Chikena.
That is the official courtroom statement of Coca Cola Bottling Company of Nigeria.
Yesterday, The Lagos High Court under Justice Adedayo Oyebanji, was 'crying' when he gave judgement against Coca Cola, declaring them callous and negligent.
He 'cursed the parents' of NAFDAC for not carrying out proper laboratory checks on 'minerals' production in Nigeria.
Cancer was listed as one of the ailments that the present Fanta and sprite can cause, especially if taken with Vitamin C tablets.
He therefore, ordered Coca Cola to henceforth add a WRITTEN WARNING on Fanta and Sprite bottles that "this product must not be taken with Vitamin C."
Once again, Oyinbo has come to our rescue.
This is stuff you people in Nigeria should concern yourselves about,
Not whether Dollar has gone up or down.
Odiegwu!
©Mazi Abe Media (MAM)™ 2017
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