The Federal Competition and Consumer Protection Commission (FCCPC) has formally accused Coca-Cola Nigeria Ltd and the Nigerian Bottling Company (NBC) of misleading trade descriptions and unfair marketing tactics concerning their “Original Taste” and “Less Sugar” product variants.
The commission’s allegations were outlined in a press statement, shared on the FCCPC’s official X handle. The statement revealed that Coca-Cola Nigeria and NBC were found in violation of Section 116 of the FCCPC Act and Section 124(1)(a) of the Commission’s Establishment Act.
The FCCPC charged that Coca-Cola Nigeria Ltd and NBC misled consumers by presenting the “Original Taste, Less Sugar” variant as being identical in formulation to the “Original Taste” variant. The commission indicated that the issue of abuse of dominance and corresponding penalties under the FCCPA and Administrative Penalties Regulation 2020 (APR) will be addressed in future regulatory actions.
The statement read, “The Commission has issued its Final Order on Coca-Cola and NBC on July 29, 2024. This Final Order includes findings such as misleading trade descriptions under Section 116 FCCPA, which mislead consumers into believing that Coca-Cola Original Taste is not materially different from Coca-Cola Original Taste ‘Less Sugar’. It also cited unfair marketing tactics, noting that Coca-Cola Nigeria marketed Coca-Cola Original Taste Less Sugar in packaging that was first indistinguishable and now not sufficiently distinguishable from Coca-Cola Original Taste, contrary to Sections 123(1)(a), (b), and (c) of the FCCPA.”
Furthermore, Coca-Cola and NBC, despite regulatory intervention, failed to amend their misleading behavior, showing intentional misrepresentation of Coca-Cola Original Taste Less Sugar as Coca-Cola Original Taste in their business strategy.
The FCCPC also found NBC at fault for using identical packaging for both Zero Sugar and its 50:50 Limca Lime-Lemon flavoured drink, violating Sections 17(g), 116(1) & (2), and 123 of the FCCPA, as well as Section 2(a) of the National Agency for Food and Drug Administration and Control Act 2004. The commission noted that NBC’s deceptive trade descriptions and supply practices violated Section 116(3) of the FCCPA.
The FCCPC began its investigation in 2019 following Coca-Cola’s transition of the Coke brand from regular sugar to non-nutritive sweeteners. The commission’s probe also revealed similar issues with the Sprite and Fanta brands, where regulations on misleading trade descriptions and market dominance were breached.
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