FCCPC Uncovers Misleading Branding In Coca-Cola Products

FCCPC Uncovers Misleading Branding In Coca-Cola Products

 

The Federal Competition and Consumer Protection Commission (FCCPC) has released a report highlighting misleading branding practices and potential anti-competitive behavior by Coca-Cola Nigeria and its bottling partner, Nigerian Bottling Company.

According to the FCCPC’s investigation, which began in June 2019, many consumers are unaware of the significant differences between certain Coca-Cola products due to nearly identical packaging and subtle labeling. The report specifically points out that products labeled as “Original Taste” contain full sugar, while others with less sugar are sweetened with artificial ingredients.

The FCCPC identified four products—Coke Original, Coke Less Sugar, Limca Lime-Lemon flavor (2kcal), and Limca Lime-Lemon flavor (53kcal)—as examples of this misleading branding. Although these products have different nutritional profiles and are registered separately with the National Agency for Food and Drug Administration and Control (NAFDAC), Coca-Cola Nigeria often refers to them as variations of the same flavor in its communications. The subtle distinctions, such as small text labels like “ORIGINAL TASTE- LESS SUGAR” and “ZERO SUGAR,” make it difficult for consumers to distinguish between them.

On July 29, 2024, the FCCPC issued its Final Order to Coca-Cola Nigeria and the Nigerian Bottling Company, citing concerns over misleading trade descriptions under Section 116 of the FCCPA and unfair marketing practices in violation of Section 124(1)(a). However, the Commission has deferred its decision on potential abuse of dominance and the applicable penalties, indicating that further regulatory actions may be taken.

In response, Coca-Cola Nigeria and the Nigerian Bottling Company have denied the allegations. In a statement issued on August 1, 2024, the companies maintained that their product labels are clear and compliant with national regulations. They reiterated their commitment to transparency and consumer protection, stating, “Our primary concern is the protection of consumer interests. We remain committed to constructive engagement with the government to address this issue and are confident in our compliance with all relevant regulations.”

The FCCPC’s findings have sparked discussions about the transparency of product labelling and the need for clearer distinctions to ensure that consumers can make informed choices.

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