Coca-Cola’s Appeal Against FCCPC’s N186m Fine: Tribunal Defers Ruling After Arguments From Both Parties

FCT, ABUJA, NIGERIA – The Competition and Consumer Protection Tribunal has reserved judgment on an 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 Justice Thomas Okosu, deferred its ruling on March 18, 2025, after hearing arguments from both parties involved in the case.

The tribunal also reserved judgment on a related appeal by CCNL’s sister company, Nigerian Bottling Company Limited (NBC).

The FCCPC accused Coca-Cola Nigeria Ltd and NBC of violating Section 116(3) of the Federal Competition and Consumer Protection Act (FCCPA). The violation allegedly involved the use of deceptive trade descriptions on its “Original Taste” and “Less Sugar” product variants.

Following its investigation, the Commission imposed a fine of N186,666,666.67 on CCNL, demanding payment on or before September 6, 2024.

Representing CCNL, Senior Advocate of Nigeria, Professor Gbolahan Elias, argued before the tribunal that the penalty was unlawful. The legal team sought to nullify the FCCPC’s orders and requested a restraining order preventing the Commission from enforcing the sanctions.

Elias contended that the FCCPC lacked jurisdiction over the matter, emphasizing that the product labeling and marketing had already been approved by the National Agency for Food and Drug Administration and Control (NAFDAC).

Also, he raised concerns about procedural fairness, claiming that Coca-Cola was not granted a fair hearing before the fine was imposed.

The FCCPC’s representative, Abimbola Ojenike, opposed the appeal on 13 grounds, maintaining that CCNL had been given ample opportunity for a fair hearing.

Ojenike argued that Coca-Cola was fully engaged in the investigative process, which included written submissions and consultative meetings, effectively dismissing the claims of procedural bias.

He urged the tribunal to dismiss the appeal and uphold the FCCPC’s penalty, asserting that the Commission’s findings were based on solid evidence.

After presenting their final arguments at the March 18 sitting, both parties adopted their legal submissions.

The tribunal, after reviewing the case, reserved judgment to a later date, which will be communicated to the concerned parties. The outcome of the case is expected to set a significant precedent for regulatory oversight on product labeling and consumer protection in Nigeria.