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.”