Read the Court ruling HERE
The Nigerian
Bottling Company, NBC, has appealed a court order directing the company
to include a warning on the bottles of its Fanta and Sprite that its
contents cannot be taken with Vitamin C.
A Lagos High
Court sitting at Igbosere, Lagos State, had on Monday compelled the
National Agency for Food, Drug Administration and Control, NAFDAC, to
give the Nigeria Bottling Company (NBC) 90 days, to include on all
bottles of Fanta and Sprite that the content cannot be taken with
Vitamin C.
The judgment
was sequel to a suit filed by a Lagos-based businessman, Emmanuel Adebo,
and his company, Fijabi Adebo Holdings Limited, against NBC Plc and
NAFDAC.
In his suit, Mr
Adebo urged the court to declare that NBC was negligent to its
consumers by bottling Fanta and Sprite with excessive levels of benzoic
acid and sunset additives.
Benzoic acid is a white, crystalline powder with a faint, non-offensive odour.
Though it
serves as preservative, if used excessively, it causes cancer and has
been linked to asthma problems and increased levels of hyperactivity in
children.
Benzoic acid is
also used to manufacture a wide variety of products such as perfumes,
dyes, topical medications and insect repellents.
Sunset yellow
is a dye that can be found in foods like orange juice, ice cream, canned
fish, cheese, jellies, soft drinks and many medicines
It can also
dangerous for human health as it can cause urticaria, rhinitis,
allergies, hyperactivity, abdominal pain, nausea, and vomiting in some
individuals.
The NBC however said the judgement was inaccurate and its products were safe.
“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,” the company said.
Read NBC’s full statement below:
“Our attention
has been drawn to media reports which contain misleading information on
the safety of benzoic and ascorbic acids as ingredients in soft drinks,
citing a Lagos High Court order.
“In the
judgement delivered on February 15, 2017 in a suit involving Fijabi
Adebo Holdings Limited & Dr. Emmanuel Fijabi Adebo v. Nigerian
Bottling Company Limited (NBC) & National Agency for Food and Drug
Administration and Control (NAFDAC), the Lagos High Court dismissed all
claims against NBC and held that the company had not breached its duty
of care to consumers and that there was no proven case of negligence
against it.
“In the same
judgement, the court directed NAFDAC to mandate NBC to include a warning
on its bottles of Fanta and Sprite that its contents cannot be taken
with Vitamin C as same become poisonous if taken with Vitamin C. This
order was premised on the fact that the products contain the
preservative, benzoic acid. NBC has since appealed this order.
“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:
“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
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.
“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.
“NBC hereby
assures our consumers and members of the public of our unwavering
commitment to product quality, safety and customer satisfaction.”
JAIYEORIE READS YOU ................. THOUGHTS? ... spill TEA.... gently Easy on Shade #jaiyeorie
0 Comments