We will not sanction alleged unfair marketing tactics by Coca-Cola Nigeria

We  will not sanction alleged unfair marketing tactics  by Coca-Cola Nigeria on appeal, FCCPC assures
The Federal Competition and Consumer Protection Commission (FCCPC) has  assured the Competition and Consumer Protection Tribunal that it will not take any "regulatory or enforcement action" against Coca-Cola Nigeria Ltd pending  a decision on its appeal against the Commission's  claims against the  company.
The commission had accused Coca-Cola of  using misleading trade descriptions and unfair marketing tactics  on its original flavour and  lower sugar products.
FCCPC lawyer, Abimbola  Ojenike, made the oral  submission on Wednesday before a  three-man panel of the tribunal, led by Thomas  Okosu.

This follows several motions by Coca-Cola Nigeria Limited in  Appeal No. CCPT/APP/5/2024, which  asked the  court to restrain the FCCPC from taking further regulatory and enforcement action against the appellant pending the determination of its  appeal for modification.
FCCPC sues Coca-Cola
Nairametrics  earlier reported that the commission found  that Coca-Cola Nigeria and Nigeria Bottling Company (NBC)  violated Section 116 of the FCCPC Act  and Section 124 1(a) of the  Commission Establishment  Act.
The FCCPC noted that Coca-Cola Nigeria Ltd and NBC were guilty of  misleading the public by describing  their Coca-Cola  "Original Taste, Less  Sugar" variant as  their "Original Taste" variant in terms of  formulation. The Commission stated that the issue of abuse of dominance and the appropriate  sanction under the FCCPA and  the 2020 Administrative  Penalty Regulations (APR)  are reserved for further regulatory action, with  sanctions to be imposed in due  course. The statement  reads: "Accordingly, and  given that the conduct continues and remains, the Commission entered,  issued and served its  final order on Coca-Cola and NBC on July 29, 2024. The  final order contains the Commission's findings, some of which include:
"Misleading trade descriptions under  section 116  of the FCCPA, continuing to mislead consumers into believing  that the original flavor of Coca-Cola is not materially different from  the original flavor of Coca-Cola  'sugar-free'."

"Unfair  Marketing Tactics: Contrary to Section 124(1)(a) of the FCCPA, Coca-Cola Nigeria  is selling Coca-Cola Original  Flavor Less Sugar in packaging  that was initially indistinguishable and  is now not sufficiently distinguishable from Coca-Cola Original Taste,  in violation of FCCPA Sections 123(1)(a),  (b) and  (c). »
The news continues after this  announcement
"Furthermore, Coca-Cola and NBC,  following regulatory intervention,  must take appropriate steps to  amend the misleading  conduct, which indicates that the companies acted intentionally  in representing Coca-Cola Original Taste Less Sugar as Coca-Cola  as part of a deliberate  marketing strategy. . »
The Commission  also accused NBC of using identical packaging for Zero Sugar and  the 50:50 variant of Limca  Lime-Lemon flavoured drinks, thereby misleading consumers and violating  sections 17(g), 116(1) and  (2) and 123 of the  FCCPA. and  section 2(a) of the National Food and Drug Administration and Control Act  of 2004.
What happened in court?
When the  session resumed on Wednesday, Professor Gbolahan Elias SAN and Abubakar G. Anafi announced the appearance of  Coca-Cola. Anafi asked the  court to restrain the  KKPPK from taking further regulatory and enforcement action against the complainant. "The second  application is dated August 21,  2024 and also  seeks to restrain the respondent from taking further regulatory and enforcement action against the  complainant," he  added.
In response, FCCPC's lawyer, Ojenike, assured the  court that the Commission  will stop taking any enforcement action against Coca-Cola pending the  decision on the  appeal. "In this  matter seeking  the injunction, we  undertake that the Commission will not take any  regulatory or enforcement  action while the appeal is pending," he  said.
Ojenike also  asked the  court to allow it to formally respond to Coca-Cola's amended notice of  appeal. Anafi told the  court that  considering the undertaking  of counsel  KKPPK that the Commission will not take any enforcement and regulatory action against the  complainant, he  is seeking the  withdrawal of the aforementioned motions. Ruling on  his submissions, Okosu  ruled that following  the FCCPC's  engagement, the  appellant withdraws its motions  to stay. "In view of the withdrawal of the motions by the  Complainant based on the  FCCPC's undertaking not  to take any enforcement action against Coca-Cola pending the  decision of the appeal, the application to withdraw the motions is granted," the judge  said.
History of the FCCPC investigation
The  commission had  said it  launched its investigation in 2019 after the companies  switched the  Coca-Cola brand from regular sugar to non-nutritive  sweeteners.
These practices  allegedly follow similar actions with the Sprite and Fanta brands, which violated FCCPA regulations on misleading trade descriptions and abuse of market  dominance in certain  jurisdictions. Coca-Cola denied the allegations.

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