Olufemi Adeyemi
Federal Competition and Consumer Protection Commission (FCCPC) has alleged that Coca-Cola Nigeria has engaged in deceptive marketing practices regarding the description of its products.
This information was made public in a statement issued on
Thursday. The commission indicated that both Coca-Cola Nigeria and NBC violated
section 116 of the FCCPC Act, as well as section 124 1(a) of the Commission’s
Establishment Act.
Following an extensive investigation, the FCCPC concluded
that Coca-Cola Nigeria Ltd and NBC misled consumers by presenting the ‘Original
Taste, Less Sugar’ variant as equivalent to the ‘Original Taste’ variant in
formulation.
The Commission highlighted that issues regarding Abuse of
Dominance and the corresponding penalties under the FCCPA and the
Administrative Penalties Regulation 2020 (APR) are pending further regulatory
measures, with sanctions to be determined in due course.
Consequently, given the ongoing nature of the conduct, the
Commission issued its Final Order to Coca-Cola and NBC on July 29, 2024, which
includes the Commission’s findings.
“Misleading trade descriptions under Section 116 FCCPA by
continuing to mislead consumers to believe Coca-Cola Original Taste is not
materially different from Coca-Cola Original Taste ‘Less Sugar’.
“Unfair marketing tactics: Contrary to Section 124(1)(a) of
the FCCPA, Coca-Cola Nigeria markets Coca-Cola Original Taste Less Sugar in
packaging first, indistinguishable, and now not sufficiently distinguishable
from Coca-Cola Original Taste, contrary to Sections 123(1)(a), (b), and (c) of
the FCCPA”, the commission stated.
Coca-Cola has not yet responded to the allegation as of the
time of this report’s submission.