The Federal Competition and Consumer Protection Commission (FCCPC) has asked the Competition and Consumer Protection Tribunal to reject the amended appeal of Coca-Cola Nigeria Limited (CCNL) against the N186.67 million fine for alleged misleading labelling, marketing practices and related offences, which should be dismissed.
In its written response to the amended appeal, reported by Nairametrics, the FCCPC argued that the fine was justified and within its statutory powers under the Federal Competition and Consumer Protection Act, 2018 (FCCPA).
The regulator accused Coca-Cola and its sister company, the Nigerian Bottling Company (NBC), of misleading consumers by providing false information about their products, particularly Coca-Cola Original Taste and Coca-Cola Original Taste with Sugar variants. The Commission said the two companies portrayed the variants as identical, misleading the public and violating fair marketing practices. The Commission also noted that Coca-Cola failed to adequately address the issue even after regulators intervened, indicating a deliberate business strategy aimed at misbranding.
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Coca-Cola, represented by Professor Gbolahan Elias, a Senior Advocate General of Nigeria, challenged the FCCPC’s decision in an amended appeal, describing the fine as excessive, extravagant and unconstitutional. The company argued that the FCCPC exceeded its jurisdiction in imposing and enforcing the fine and that the Commission violated the company’s constitutionally guaranteed right to a fair trial by assuming multiple and conflicting roles as plaintiff, investigator, prosecutor and judge.
The FCCPC disputed these allegations and maintained that Coca-Cola’s claims of procedural unfairness and bias are without merit. He stressed that Coca-Cola was given numerous opportunities to participate in the regulatory process, including investigative hearings, written submissions and consultations, ensuring a fair process. The Commission argued that its findings regarding Coca-Cola’s marketing practices, as set out in its investigation report, were supported by due process and solid evidence.
In a written response dated October 22, 2024, the FCCPC defended its regulatory powers, stating that it has statutory powers to impose penalties under the FCCPA and that this power is not overridden by the Nigerian Constitution. The commission further stated that punitive and coercive measures are necessary to protect consumer rights and ensure compliance with fair trade practices. It also maintained that its findings were factual and verifiable and that the further orders against Coca-Cola were lawful and consistent with its regulatory obligations.
