FCCPC Insists On N186m Fine On Coca-Cola For Misleading Marketing

The Federal Competition and Consumer Protection Commission (FCCPC) has rejected Coca-Cola Nigeria Limited’s (CCNL) appeal against the N186 million fine imposed for its labeling and marketing practices.

The Commission asked the Competition and Consumer Protection Tribunal to dismiss the appeal, citing several reasons in its response.

Previously, the FCCPC had fined Coca-Cola Nigeria for misleading labeling and unfair marketing, particularly concerning the “Coca-Cola Original Taste, Less Sugar” product. Coca-Cola Nigeria had argued that the penalty was excessive and claimed the FCCPC lacked the authority to impose such penalties, asserting that the tribunal, not the Commission, should make such decisions.

The FCCPC responded, explaining that Coca-Cola Nigeria and its sister company misled the public by presenting the “Coca-Cola Original Taste, Less Sugar” variant as identical in formulation to the regular Coca-Cola Original Taste. The Commission added that despite regulatory intervention, Coca-Cola failed to address these misleading claims, indicating a deliberate strategy to misrepresent the product.

In its response to Coca-Cola’s amended appeal, filed on October 22, 2024, the FCCPC highlighted 13 points opposing the appeal. These included the company’s claims of procedural unfairness and bias, which the Commission rejected, emphasizing that Coca-Cola had been given ample opportunity to defend itself. This included participation in investigations, submitting written responses, and attending multiple meetings.

The FCCPC also defended its actions, stating it had the authority to issue and enforce penalties. It argued that Coca-Cola’s claims about the procedural fairness and its alleged abuse of the tribunal’s powers were without merit. The Commission asserted that its findings were based on valid evidence and due process, and it maintained that the fine was justified.

Additionally, the FCCPC addressed Coca-Cola’s request for a private hearing, which was denied. The Commission stated that the case involved significant public interest and should remain transparent. Despite Coca-Cola’s appeal, the tribunal has scheduled a hearing for February 4, 2025, to review the case.

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