‘It’s Poisonous for Fanta & Sprite to be Taken with Vitamin C’ – Court Orders NAFDAC to Inform Consumers

Lagos businessman, Dr Emmanuel Fijabi Adebo and his company, Fijabi Adebo Holdings Limited has been awarded the sum of N2m to be paid by NAFDAC, following a suit brought against the agency and Nigerian Bottling Company PLC.
A Lagos High Court has ordered NAFDAC to pay the sum and to direct the manufacturers of soft drinks; Fanta and Sprite (Nigeria Bottling Company PLC) to include a written warning that the content of the bottles cannot be taken with Vitamin C.
Dr Emmanuel Fijabi Adebo’s lawyer alleged that sometime in March, 2007, his client’s company 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 purposes and supply to their customers.
When the packages arrived there, fundamental health related matters were raised on the contents and composition of the Fanta and Sprite products by the UK Health Authorities, specifically the Stockport Metropolitan Borough Council’s Trading Standard Department of Environment and Economy Directorate.
The findings from the United Kingdom were corroborated by the Coca-Cola European Union and products were found to have excessive levels of “Sunset Yellow and Benzoic Acid “which are unsafe for human consumption and could cause cancer in the consumer.
The claimants could not sell the Fanta and Sprite products resulting in appreciable losses, as they were certified unsuitable for consumption and were seized and destroyed by the United Kingdom health authorities
Adebo’s Lawyer urged the court to declare that the Nigeria Bottling Company was negligent and breached the duty of care owed to their valued customers and consumers in the production of contaminated Fanta and Sprite soft drinks with excessive “benzoic acid and sunset” addictive.
They also urged the court to direct NAFDAC to conduct and carry out routine laboratory tests of all the soft drinks and allied products of the company to ensure and guarantee the safety of the consumable products, produced from the Nigeria Bottling Company factory.
Although the Nigeria Bottling Company contended that the claimants claims are speculative, frivolous and vexatious and should be dismissed with substantial costs, NAFDAC did not file any defence.
In a judgment delivered by Justice Adedayo Oyebanji declared that NAFDAC has failed Nigerians by its certification as satisfactory for human consumption, products which in the UK failed sample test for human consumption and which became poisonous in the presence of  Vitamin C. He therefore ordered:
”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 9 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.”