In a recent development, Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC), accused Coca-Cola Nigeria Limited and the Nigerian Bottling Company (NBC) of misleading trade descriptions and unfair marketing tactics in their products.
The focus of the investigation was on Coca-Cola’s “Original Taste, Less Sugar” variant, which was allegedly misrepresented as being the same as the regular “Original Taste” variant in terms of formulation.
The FCCPC found both companies in violation of section 116 of the FCCPC Act and section 124 1(a) of the Commission’s Establishment Act, thus the issue of abuse of dominance and appropriate penalties are being considered for further regulatory action.
As gathered, the FCCPC has issued last warning to Coca-Cola and Nigerian Bottling Company (NBC) over issues bordering misleading product descriptions and unfair marketing practices.
The order, delivered on July 29 details several violations of the Federal Competition and Consumer Protection Act (FCCPA) by the companies.
In a statement published on the FCCPC’s X account (formerly Twitter), the final order reveals that Coca-Cola and NBC engaged in misleading trade practices, particularly concerning the Coca-Cola “Original Taste” and “Less Sugar” variants.
According to the Commission, Coca-Cola Nigeria’s marketing of the “Less Sugar” variant misled consumers into believing it was not significantly different from the original formula, contrary to Section 116 of the FCCPA, which prohibits misleading trade descriptions.
In addition to misleading trade descriptions, the FCCPC identified unfair marketing tactics under Section 124(1) (a) of the FCCPA.
The Commission noted that Coca-Cola’s packaging for the “Original Taste Less Sugar” variant was initially indistinguishable from the original Coca-Cola packaging, further complicating consumer recognition. The lack of clear differentiation between the two products contravened Sections 123(1) (a), (b), and (c) of the FCCPA, which mandate transparent and accurate product labelling.
Against the foregoing backdrop, Consumers have expressed concern over the deceptive marketing practices, urging the FCCPC to extend its scrutiny to other soft drink brands in Nigeria.
The shift from traditional sugar to non-nutritive sweeteners in Coke has raised questions about transparency and consumer communication.
Considering the health implications that are inherent in the deceptive marketing practices, not a few consumers are demanding accountability from companies and regulatory bodies alike.
This is as the FCCPC’s investigation serves as a reminder that consumer rights matter, and companies should be transparent about their products. Without a doubt, consumers have in their responses to the issue to Daily Independent stood united, and unanimous in their views in advocating for fair practices and responsible marketing.
This is as several voices have emerged, calling for a thorough examination of soft drink labels and ingredients.
A consumer advocate, Mr. Samuel Adebayo, stated, “We deserve accurate information about what we consume. It istime to hold all soft drink manufacturers accountable.” Another concerned citizen, Mr. Nnayelugo Okonkwo, emphasised, “Transparency builds trust. We need clarity on what goes into our favorite beverages.
“While the spotlight is currently on Coca-Cola, it is essential to broaden our perspective. Other soft drink brands should also undergo rigorous scrutiny. As consumers, we can play an active role by demanding transparency and supporting regulatory efforts”.
Mrs. Deborah Ebizide, a consumer enthusiast, said “The FCCPC’s findings highlight the need for vigilance and consumer awareness. Let us continue to raise our voices, ensuring that companies prioritise honesty and integrity. Together, we can create a healthier marketplace, one where consumers are well-informed and protected. Remember, our unity is our strength, and our demands for accountability resonate louder when we stand together”.
As gathered by Daily Independent, and which justifies the call for FCCPC to also beam its searchlight on other soft drink manufacturers across the country is that consuming soft drinks can have several health implications as there are risks associated with regular soft drink consumption.
Against the foregoing backdrop, it is expedient in this context to hear from experts who have raised concerns about soft drink consumption in Nigeria.
Runcie Chidebe (Executive Director, Project PINK BLUE) highlighted that Nigeria ranks fourth globally in terms of Sugar-Sweetened Beverage (SSB) consumption, commonly known as soft drinks, whereas the World Health Organisation (WHO) recommends consuming less than 10 cubes of sugar per day, but a 35cl soft drink bottle can contain as much as nine cubes of sugar.
In a similar vein, it will be recalled that health experts few months ago raised the alarm that over 38.6m litres of soft drinks are consumed daily in Nigeria.
The experts, who spoke against the backdrop of the increasing rate of non-communicable diseases, and who in the same vein raised concerns over the excessive consumption of soft drinks in Nigeria, were unanimous in their views that estimated 38.6 million litres of soft drink are sold daily in Nigeria, making it the 4th highest soft drink consuming country in the world.
The director of public health at the federal ministry of Health and Social Welfare, Dr. Chukwuma Anyaike, expressed concern over the trend of over consumption among Nigerian adolescent which he said can lead to childhood obesity and negative health consequences in adulthood.
Anyaike said frequent consumption of soft drinks is associated with increased incidence of dental cavities, tooth decay and obesity, adding that obesity is in turn a risk factor for the development of type 2 diabetes mellitus, heart disease, stroke and hypertension.
According to him, diabetes mellitus, hypertension, cardiovascular diseases and other non-communicable diseases (NCDs) are the leading cause of death globally and account for a substantial proportion of deaths in the country.
Also, a public health consultant, Dr. Francis Fagbule, told Journalists that the consequences of regularly indulging in these drinks are far-reaching, adding that the deceptive allure of sugary drinks coupled with aggressive marketing strategies has contributed to a concerning trend of increased consumption.
Dr. Fagbule, therefore, advocated for public awareness campaigns to educate Nigerians about the health risks of SSB consumption.
He also called for mandatory government regulation such as an SSB tax, as well as provide a more effective and consistent approach.
The public health expert urged policymakers to increase the SSB Tax Rate and pass the SSB Tax as a legislative act to ensure stability and long-term effectiveness.
In the same vein, the Corporate Accountability and Public Participation Africa (CAPPA), a Non-governmental Organisation, urged the government on immediate review of the SSB Tax, and stringent action on industry activities.
Executive director of CAPPA, AkinbodeOluwafemi, said “It is important we reinforce our messages on the dangers of SSB consumption, the need for an immediate review of the tax, and a call for government’s stringent action on industry activities.
“We are at a point where the sugary lure of profit clashes with the very essence of our well-being, our health.”
“The statistics are sobering: one in ten Nigerians now live with diabetes, placing a crippling burden on individuals and Nigeria healthcare system,” he lamented.
However, as reactions continue to trail FCCPC’s findings, The Coca-Cola’s Nigerian franchise operator, Nigerian Bottling Company (NBC), has emphasised that the organisation is committed to transparency for consumers as it provides clear, accessible nutrition information on the packaging in line with regulatory requirements.
A statement released on the company’s website, and titled “Statement from the Coca‑Cola System in Nigeria” is coming on the heels of improprieties recently leveled against NBC by FCCPC. The statement, a direct response aimed to counter the allegations, partly reads as follow:
“Coca‑Cola Nigeria provides clear, accessible nutrition information on our packaging in line with national regulatory requirements and is committed to transparency for consumers. Our priority is safeguarding consumer interests and we will continue to work constructively with the government on this matter.
“We strongly believe that the Coca‑Cola System in Nigeria has complied with all regulations and look forward to the opportunity to bring this topic to closure”, the terse concluded.
Source: Indepedent
