The recent actions taken by Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC) to address Coca-Cola’s misleading labeling and marketing practices have been widely praised by Nigerians. The FCCPC is currently engaged in a dispute with the beverage giant over the failure to clearly inform consumers about changes in the formulations of its products, which may lead to consumer confusion.
As the foremost authority on competition and consumer protection in Nigeria, the FCCPC is authorized under the Federal Competition and Consumer Protection Act (FCCPA) 2018 to regulate fair business practices and safeguard consumer rights. This includes investigating misleading labeling and ensuring that businesses adhere to fair marketing standards.
The investigation into Coca-Cola began in 2019, triggered by consumer complaints about the company’s failure to differentiate between old and new product variants. According to FCCPC, despite receiving approval from the National Agency for Food and Drug Administration and Control (NAFDAC) for changes, Coca-Cola continued to market both the old and new versions of its products in similar packaging without notifying consumers about the differences.
For instance, the introduction of the Coke Original Taste – Less Sugar variant went largely unannounced, and its packaging closely resembled the original Coca-Cola, with only subtle differences such as the phrase “Less Sugar” added inconspicuously. Similarly, the Limca lemon-lime drink also had two variants with different ingredients, but they were packaged identically, causing confusion among consumers.
FCCPC has cited specific sections of the FCCPA that Coca-Cola violated, including provisions on misleading product descriptions and the failure to ensure that products are reasonably suitable for their intended use. The commission also pointed out Coca-Cola’s insufficient efforts to educate consumers about the product changes.
Public reactions have been supportive of FCCPC’s efforts, with many Nigerians expressing approval of the agency’s newfound commitment to protecting consumers. The case is significant as it highlights the growing role of consumer protection bodies in regulating multinational companies operating in Nigeria.
