NBC: Don’t stop drinking Fanta, Sprite… we’ve appealled the court order

The Nigerian Bottling Company (NBC) says it has appealled the ruling which declared that Fanta and Sprite contain excessive levels of additives that make them unsafe for human consumption.

The ruling is the result of a 2008 suit filed by one Emmanuel Adebo, a Nigerian businessman, after his company was unable to sell large quantities of the drinks in the United Kingdom.

Adedayo Oyebanji, the presiding judge, ordered the National Agency for Food and Drug Administration and Control (NAFDAC) to direct the manufacturer to include a warning on the containers of the product that its content cannot be taken with Vitamin C.

Abiodun Onidare, Fijabi’s lawyer, told the court that his client bought large quantities of products for export to the UK, but that the products failed to meet the country’s health authorities sample test.

He said they were declared unfit for human consumption “because they became poisonous” after being mixed with Ascorbic acid (Vitamin C).

In a statement by Sade Morgan, legal, public affairs and communications director, NBC assured consumers of its unwavering commitment to product quality, safety and customer satisfaction.

It said the court held that the company had not breached its duty of care to consumers and that there was no proven case of negligence against it.

The company said its products are in compliance with the levels approved by all relevant national regulators.

“Whilst we do not wish to delve into the details of the case or the merits of the court order by this medium, we find it imperative in the interest of consumers and members of the public to make the following clarifications,” the statement read.

“In the subject case which dates back to 2007, the UK authorities confiscated a consignment of our products shipped to that country by the plaintiff because their benzoic acid levels were not within the UK national level, although well within the levels approved by both the national regulators for Nigeria and the international levels set by CODEX, the joint intergovernmental body responsible for harmonizing food standards globally.

“The UK standards limit benzoic acid in soft drinks to a maximum of 150 mg/kg. Both Fanta and Sprite have benzoic levels of 200 mg/kg which is lower than the Nigerian regulatory limit of 250 mg/kg when combined with ascorbic acid and 300 mg/kg without ascorbic acid and also lower than the 600 mg/kg international limit set by CODEX.

“Both benzoic acid and ascorbic acid (Vitamin C) are ingredients approved by international food safety regulators and used in many food and beverage products around the world.

“These two ingredients are also used in combination in some of these products within levels which may differ from one country to another as approved by the respective national food and drug regulators and in line with the range prescribed by CODEX.”

The company said the level of ingredients are influenced by some factors, hinting that, that could be responsible for the reason the products did not conform to UK standard.

“The permissible ingredient levels set by countries for their food and beverage products are influenced by a number of factors such as climate, an example being the UK, a temperate region, requiring lower preservative levels unlike tropical countries,” the statement read.

“Given the fact that the benzoic and ascorbic acid levels in Fanta as well as the benzoic acid level in Sprite produced and sold by NBC in Nigeria are in compliance with the levels approved by all relevant national regulators and the international level set by CODEX, there is no truth in the report that these products would become poisonous if consumed alongside Vitamin C.

“The wrong perception emanating from the media reports that our Fanta and Sprite beverages which are fully compliant with all national and international food quality and safety standards are unsafe, simply because their levels of Benzoic acid were not within the UK standards, is not only unfounded but also undermines the entire food and beverage industry in Nigeria which is regulated by the same ingredient levels approved by NAFDAC and other regulatory bodies for the country.”