* Lagos High Court rules Coca-Cola products dangerous when mixed with vitamin C
* Court orders Fanta, Sprite bottles to carry health warnings and awards damages
* Manufacturers argue their products comply with regulations
Consumers of Sprite and Fanta have more to worry about than rotting teeth according to a Lagos High Court judge, who ruled that the Coca-Cola products could be "poisonous."
The
court held that high levels of benzoic acid and sunset additives in the
popular soft drinks could pose a health risk to consumers when mixed
with ascorbic acid, commonly known as vitamin C, according to local media.
Justice Adedayo Oyebanji ordered the
Nigerian Bottling Company (NBC) to place written warnings on Fanta and
Sprite bottles against drinking them with vitamin C, and awarded costs
of two million naira ($6,350) against the National Agency For Food and
Drug Administration and Control (NAFDAC) for failing to ensure health
standards.
"It is manifest that
NAFDAC has been grossly irresponsible in its regulatory duties to the
consumers of Fanta and Sprite manufactured by Nigeria Bottling Company,"
the judge said. "NAFDAC has failed the citizens of this great nation by
its certification as satisfactory for human consumption products ...
which become poisonous in the presence of ascorbic acid."
Incendiary judgement
The incendiary judgment followed a
lawsuit brought against regulator NAFDAC and the NBC -- a member of
Coca-Cola Hellenic group which bottles Coca-Cola products in Nigeria --
by Lagos businessman Dr. Emmanuel Fijabi Adebo.
The claimant's company, Fijabi Adebo
Holdings Limited, attempted to export Coca-Cola products to the United
Kingdom for retail in February 2007.
But
authorities in the UK seized and subsequently destroyed a shipment,
Adebo claimed, because the products contained excessive levels of sunset
yellow and benzoic acid. The latter substance can form the carcinogen
benzene when combined with ascorbic acid, according to the US Food and Drug Administration (FDA).
Lawyers for the NBC argued that the products were not intended for export, but Justice Adedayo Oyebanji rejected this defense.
"Soft
drinks manufactured by Nigeria Bottling Company ought to be fit for
human consumption irrespective of color or creed," the judge said.
Mr Adebo was pleased by the verdict but vowed to pursue further damages.
"I'm
happy that I'm victorious and we've alerted Nigerians and the entire
world to what is happening in Nigeria," the businessman told the Media. "What
the court fined NAFDAC is not one tenth of the amount I've spent on
litigation ... We should have been awarded at least the amount that we
spent in purchasing that product and in exporting it to UK. We are
entitled to special damages for what we have gone through."
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