The Competition and Consumer Protection Tribunal has reserved judgment in the appeal filed by Coca-Cola Nigeria Limited (CCNL) against the N186 million penalty imposed by the Federal Competition and Consumer Protection Commission (FCCPC) over alleged misleading trade descriptions and unfair marketing practices.
A three-member panel of the tribunal, led by Thomas Okosu, reserved the judgment on March 18, 2025. The appeal by Nigerian Bottling Company Limited (NBC), CCNL’s sister company, was also reserved for judgment.
The FCCPC had accused Coca-Cola and NBC of employing deceptive trade descriptions on their products, Original Taste and Less Sugar, in violation of Section 116(3) of the Federal Competition and Consumer Protection Act (FCCPA). Subsequently, the Commission imposed a fine of N186,666,666.67 on CCNL, payable by September 6, 2024.
In its appeal, CCNL’s legal team, led by Senior Advocate of Nigeria (SAN) Professor Gbolahan Elias, urged the tribunal to annul the FCCPC’s orders, arguing that the Commission acted without jurisdiction and denied the company a fair hearing. Elias also pointed out that the company had obtained necessary regulatory approvals from the National Agency for Food and Drug Administration and Control (NAFDAC).
On the other hand, FCCPC’s counsel, Abimbola Ojenike, countered the appeal with 13 opposing grounds. He argued that Coca-Cola’s claims of procedural unfairness and bias were unfounded, asserting that the company was given ample opportunities to participate in investigations, submit written responses, and engage in consultative meetings.
At the March 18 hearing, both legal teams adopted their submissions. While CCNL requested the tribunal to overturn the penalties in the interest of justice, the FCCPC insisted that the appeal should be dismissed, maintaining that its findings were justified.
The tribunal has reserved its judgment to a date that will be communicated to the parties.
