Court Orders NBC To Declare Fanta/Sprite Consumption With Vitamin C Poisonous

A Federal High Court in Lagos has ruled that the consumption of Fanta and Sprite soft drinks with Vitamin C is poisonous.

In its judgement on Monday, the court mandated the Nigeria Bottling Company Plc, NBC, to print on all Fanta and Sprite bottles that the soft drink cannot be taken with Vitamin C as they become poisonous if taken.

The ruling is sequel to an application filed by the NBC seeking court’s stay of execution on a judgement mandating the company to warn consumers of the dangers of consuming vitamin C with its products.

The court dismissed the application and also ordered conditional stay of execution of N2 million cost awarded against the National Agency for Food and Drugs Administration and Control, NAFDAC.

In February, the court ruled that the NAFDAC, should mandate the NBC to include the warning on all bottles of Fanta and Sprite, soft drinks manufactured by the company.

The court said the agency failed the citizens of Nigeria by certifying products which failed basic human consumption tests in the United Kingdom and which become poisonous in the presence of Vitamin C, which can be freely taken by the unsuspecting public with the Fanta and Sprite.

Abiodun Onidare, counsel to the claimants, Fijabi Adebo and his company, Fijabi Adebo Holding, argued that the interest and health of the general public should come ahead of the NBC and NAFDAC’s interest.

Mr. Onidare further argued that the application for stay must fail because the defendant has failed to put before the court, materials which will necessitate the grant of same.

In her ruling, Mrs. Oyebanji said, “It seems to the court evidence that in the event of a refusal of the application for stay of execution, if the business interest of the Nigeria Bottling company is consequently adversely affected, a return to status quo can be achieved if Nigeria Bottling Company’s appeal at the court of appeal succeeds. It is beyond argument that if the application for stay is granted and human health is consequently adversely affected, it is most unlikely that there can indeed be a return to status quo.

“It is imperative to add the resultant effect of the order sought to be stayed is the preservation of human life, the business interest of Nigeria bottling company cannot in my respected view take precedent over public health. The importance of public health is clearly demonstrated and underscored by the constitutional provision in section 45 thereof.

“For the reasons herein adumbrated, it seems to me manifest that Nigeria Bottling Company has failed to disclose any special circumstances which would warrant the grant of this application.

“Accordingly, Nigeria Bottling Company ‘s application for stay of execution fails and it is hereby dismissed.”

Mrs. Oyebanji continued: “Upon a consideration of the fact that the kernel of the complaint of NAFDAC as contained in its notice of appeal is premised on an alleged lack of jurisdiction of the court to adjudicate upon this case in relation to NAFDAC, the court has come to the conclusion that in the circumstances of this case, it is expedient to grant a conditional stay.

“Accordingly, a conditional stay of execution of the judgement is hereby granted in relation to the N2million cost awarded in favour of the claimants against NAFDAC. The N2 million cost shall be paid into an interest yielding account in the name of the Chief Register of the high court of Lagos state pending the hearing and determination of the appeal filed by the learned silk to NAFDAC.”