The Federal Competition and Consumer Protection Commission (FCCPC) has urged the Competition and Consumer Protection Tribunal to dismiss Coca-Cola Nigeria Limited’s (CCNL) appeal against a N186.7 million fine imposed for alleged misleading labeling and marketing practices.
Background of the Case
The penalty stems from FCCPC findings that Coca-Cola Nigeria Ltd and Nigerian Bottling Company (NBC) misrepresented the variant “Coca-Cola Original Taste, Less Sugar” as identical in formulation to “Coca-Cola Original Taste.” The FCCPC accused the companies of engaging in deliberate and misleading branding strategies and failing to take corrective measures after regulatory intervention.
CCNL challenged the fine, claiming the FCCPC lacked jurisdiction to impose such penalties and accusing the Commission of violating its right to a fair hearing by acting as investigator, prosecutor, and judge.
FCCPC’s Defense
In its formal response to the appeal, FCCPC lawyer Abimbola Ojenike presented 13 arguments refuting Coca-Cola’s claims, asserting the following:
- Fair Hearing: Coca-Cola was given extensive opportunities to participate in the investigation and defend itself through written submissions and consultative meetings.
- Statutory Authority: The FCCPC maintained its power to issue and enforce orders under the Federal Competition and Consumer Protection Act (FCCPA) of 2018.
- Evidentiary Support: The FCCPC emphasized its findings were factual and legally valid, supported by thorough investigations.
- Public Interest: The Commission opposed Coca-Cola’s request for a private hearing, stating the case holds significant public interest and must remain transparent.
Coca-Cola’s Counterclaims
Represented by Professor Gbolahan Elias SAN, Coca-Cola argued that the FCCPC lacked jurisdiction and failed to provide procedural fairness. The company described the fine as “outrageous” and claimed the FCCPC overstepped its legal boundaries.
Next Steps
The tribunal will hear the case on February 4, 2025. Pending the appeal’s resolution, the FCCPC has agreed to pause further regulatory actions against Coca-Cola Nigeria Ltd.
This case highlights the FCCPC’s commitment to enforcing fair marketing practices and protecting consumer interests, while drawing significant attention to regulatory power and corporate accountability.
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