The Competition and Consumer Protection Tribunal has reserved judgment in an appeal filed by Coca-Cola Nigeria Limited (CCNL) against the N186 million penalty imposed by the Federal Competition and Consumer Protection Commission (FCCPC) over alleged misleading trade descriptions and unfair marketing practices.
The tribunal’s three-member panel, led by Justice Thomas Okosu, deferred its ruling on the matter on March 18, 2025, after hearing arguments from both parties.
The appeal by CCNL’s sister company, Nigerian Bottling Company Limited (NBC), was also reserved for judgment.
The FCCPC had accused Coca-Cola Nigeria Ltd and NBC of violating Section 116(3) of the Federal Competition and Consumer Protection Act (FCCPA) by applying deceptive trade descriptions to its “Original Taste” and “Less Sugar” product variants.
Following its investigation, the Commission imposed a fine of N186,666,666.67 on CCNL, mandating payment on or before September 6, 2024.
Challenging the fine, CCNL’s legal team, led by Senior Advocate of Nigeria, Professor Gbolahan Elias, urged the tribunal to nullify the FCCPC’s orders.
Elias argued that the penalty was unlawful and sought a restraining order preventing the Commission from enforcing the sanctions.
The lawyer contended that the FCCPC lacked jurisdiction over the matter, highlighting that CCNL’s product labeling and marketing had been approved by the National Agency for Food and Drug Administration and Control (NAFDAC).
He also raised concerns about procedural fairness, claiming that Coca-Cola was not granted a fair hearing before the fine was imposed.
Representing the FCCPC, Abimbola Ojenike opposed the appeal on 13 grounds, asserting that CCNL had been given ample opportunity for a fair hearing.
He maintained that Coca-Cola was fully engaged in the investigative process, including written submissions and consultative meetings, dismissing claims of procedural bias.
Ojenike urged the tribunal to dismiss the appeal and uphold the FCCPC’s penalty, arguing that the Commission’s findings were based on solid evidence.
After adopting their legal submissions, both parties presented their final arguments at the March 18 sitting.
The tribunal, after reviewing the case, reserved judgment to a later date, which will be communicated to the concerned parties.
The outcome of the case is expected to set a precedent for regulatory oversight on product labeling and consumer protection in Nigeria.
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