The Competition and Consumer Protection Tribunal has reserved judgment on the appeal by Coca-Cola Nigeria Limited (CCNL) regarding the N186 million penalty imposed by the Federal Competition and Consumer Protection Commission (FCCPC) over its labeling and marketing practices, among other issues, in Nigeria.
The judgment was reserved by the tribunal’s three-member panel, led by Thomas Okosu, on March 18, 2025, Nairametrics gathered from sources familiar with the court matter.
The appeal by CCNL’s sister company, Nigerian Bottling Company Limited (NBC), was also reserved for judgment by the tribunal.
Nairametrics previously reported that the FCCPC had formally accused Coca-Cola Nigeria Ltd and its sister company of misleading trade descriptions and unfair marketing tactics in their products, Original Taste and Less Sugar.
The Commission stated that it found NBC applying allegedly deceptive trade descriptions to the two variants and supplying these products to consumers, violating Section 116(3) of the FCCPA.
In its supplementary order, the FCCPC later stated that CCNL must pay a penalty of N186,666,666.67 on or before September 6, 2024, for the alleged contravention of relevant laws.
Legal Dispute
In its appeal, CCNL’s legal team, led by Professor Gbolahan Elias SAN, asked the tribunal to set aside the orders of the FCCPC and issue an order restraining the Commission from enforcing any provisions of its Final Order and Supplementary Order against the appellant.
He cited the issue of fair hearing, lack of jurisdiction, and his client’s approval by the National Agency for Food and Drug Administration and Control (NAFDAC).
But FCCPC lawyer Abimbola Ojenike raised 13 opposing grounds against the brand’s request to quash the penalty and accusations.
He argued that Coca-Cola’s claims of procedural unfairness and bias were baseless, emphasizing that the company had been provided with extensive opportunities for a fair hearing, including participation in investigations, written submissions, and multiple consultative meetings.
What Transpired at the Tribunal
At the sitting on March 18, 2025, the CCNL legal team adopted all of its court documents in the case and urged the Tribunal to overturn FCCPC’s penalties and orders in the interest of justice.
The FCCPC legal team equally adopted its processes and asked the tribunal to dismiss the appeal and uphold its findings against CCNL and NBC.
After hearing from the parties, the Tribunal reserved judgment to a later date, which will be communicated to the parties.
What You Should Know
Nairametrics earlier reported that the FCCPC made an undertaking before the Competition and Consumer Protection Tribunal that it will not take any “regulatory or enforcement action” against Coca-Cola Nigeria Ltd pending the determination of its appeal against the Commission’s allegations against the company.
