Coca-Cola Appeals N186m Fine: Tribunal Reserves Judgment

The Competition and Consumer Protection Tribunal has deferred its judgment on Coca-Cola Nigeria Limited’s (CCNL) appeal challenging the N186 million fine imposed by the Federal Competition and Consumer Protection Commission (FCCPC) over alleged misleading labeling and marketing practices. The tribunal’s three-member panel, led by Thomas Okosu, reserved the ruling on March 18, 2025.

A related appeal by Nigerian Bottling Company Limited (NBC), CCNL’s sister company, also awaits judgment.

FCCPC had accused CCNL and NBC of using deceptive trade descriptions in their products “Original Taste” and “Less Sugar,” alleging these practices violated Section 116(3) of the FCCPA. Consequently, CCNL was ordered to pay N186,666,666.67 by September 6, 2024.

Legal Dispute

Representing CCNL, Professor Gbolahan Elias (SAN) urged the tribunal to nullify FCCPC’s directives and prevent the Commission from enforcing its orders, citing lack of jurisdiction, denial of fair hearing, and CCNL’s compliance with National Agency for Food and Drug Administration and Control (NAFDAC) approvals.

However, FCCPC’s counsel, Abimbola Ojenike, countered with 13 arguments against CCNL’s claims, asserting that the company was granted ample opportunity for a fair hearing through investigations, written submissions, and consultative meetings.

Tribunal Proceedings

During the March 18 session, CCNL’s legal team reiterated its call for the penalties to be overturned, while FCCPC’s representatives maintained their stance, requesting the tribunal to uphold its findings and dismiss the appeal. After hearing both sides, the tribunal reserved its decision, with a date to be communicated later.