NIGERIA – The Federal Competition and Consumer Protection Commission (FCCPC) has issued its final regulatory order against Coca-Cola and the Nigerian Bottling Company (NBC) for misleading trade descriptions and unfair marketing tactics.
The companies were found in violation of Sections 116 and 124 (1) of the FCCPAct.
In a statement, the FCCPC highlighted that Coca-Cola’s ‘Original Taste, Less Sugar’ variant had been falsely marketed as the same as the classic ‘Original Taste’ product, despite being differently formulated.
The commission revealed it had reserved the appropriate penalties under the FCCPA and Administrative Penalties Regulation 2020 (APR) and would impose them in due course.
Initially, Coca-Cola and NBC sought to resolve the issue by adopting clearer and more transparent product descriptions. They engaged with the FCCPC to propose remedies that complied with statutory standards.
The FCCPC granted the companies an extension to exhaust existing packaging inventory and to transition to new packaging with mutually agreed product descriptions.
However, just before the deadline, Coca-Cola and NBC abandoned the agreed-upon strategy, opting for a business approach that did not meet the applicable standards.
The FCCPC noted that over time, it became evident that Coca-Cola and NBC did not intend to provide consumers the required transparency.
Despite multiple engagements, the companies misled consumers, intentionally misrepresenting the ‘Original Taste, Less Sugar’ variant as the ‘Original Taste.’
Furthermore, NBC used identical packaging for both its Zero Sugar and 50:50 variant of Limca Lime-Lemon flavored drinks, further misleading consumers and violating Sections 17(g), 116(1) & (2), and 123 of the FCCPA, as well as Section 2(a) of the National Agency for Food and Drug Administration and Control Act 2004.
Consequently, the FCCPC issued its final order on July 29, detailing its findings and conclusions. The investigation into these practices began in 2019.
In May, the Coca-Cola Foundation partnered with USAID on plastic waste management.
According to a statement, the initiative, funded equally by Coca-Cola and USAID with a combined investment of US$4 million, would address the critical challenge of plastic waste management in Nigeria through innovative recycling solutions.
The partners stated that the NPSA’s primary objective was to recover approximately 49,000 metric tonnes of plastic waste in Nigeria while upscaling the collection capacity of over 24 aggregators and 9,500 collectors.
They noted that the programme also aimed to create over 10,000 green jobs, drive circularity in plastic waste management, and promote a cleaner, healthier environment.
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