Some consumer advocacy groups in the country have threatened to institute a class-action suit against the Nigerian Bottling Company if it is established that an infraction has been committed against consumers of its beverage products, Fanta and Sprite.
A class-action lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group.
The President and Founder, Consumer Advocacy Foundation of Nigeria, Ms. Sola Salako, disclosed this to one of our correspondents in Lagos on Wednesday.
She, however, said that the first step would be to consult the National Agency for Food and Drug Administration and Control and find out how it arrived at the level of benzoic and ascorbic acids to be used in producing soft drinks for consumption in Nigeria and why the global standard was different from that applicable in the country.
Salako said, “First, we have to ascertain from NAFDAC how they arrived at a different standard limit of benzoic acid for soft drinks meant for consumption in Nigeria. What is the condition of the laboratories that the tests were carried out to determine this standard? In the last 10 years, how many studies have been carried out to determine the changes in the lifestyle of consumers?
“The standard limit of benzoic acid in the United Kingdom is 150mg per kilogramme, while the standard level for Nigeria is 250mg/kg. That is too high!”
She also suggested that it was possible that when the 250mg/kg standard was set, people were not consuming as much soft drinks as they were currently consuming, adding that there might be a need to review the standard.
Salako faulted the reaction of the NBC that because NAFDAC had approved the standard, it was not bothered.
“They should be concerned about the health of their consumers. I would have expected them to say that in the light of the current concerns, they would consider reducing the level of the acids, because there have been a lot of health concerns with the consumption of soft drinks and sugar these days,” she stated.
The President, Consumer Awareness Organisation, Dr. Felicia Monye, said that although a class action had been part of the law, the attitude of consumers to such a suit was not encouraging to consumer advocacy groups.
She said, “Consumers and citizens generally do not opt for that for reasons best known to them. You will see that if 50 people agree to come together, after one or two meetings, the number will just reduce.
“This lukewarm attitude of consumers is responsible for the problem of consumer protection in Nigeria. They may believe that they have a right, but when it comes to the enforcement of that right, they will not show interest,” she said.