Nigerian Tribunal Awaits Verdict on Coca-Cola’s Appeal Against ₦186 Million FCCPC Fine”

In December 2024, the Federal Competition and Consumer Protection Commission (FCCPC) imposed a ₦186 million fine on Coca-Cola Nigeria Limited (CCNL) for allegedly using misleading trade descriptions and unfair marketing practices in their products, specifically “Original Taste” and “Less Sugar” variants. The FCCPC accused CCNL and its sister company of deceiving consumers by presenting the “Less Sugar” variant as identical in formulation to the original, which the Commission deemed a deliberate misrepresentation.

Challenging the FCCPC’s decision, CCNL described the penalty as “outrageous” and questioned the Commission’s jurisdiction to impose such sanctions. The company argued that the FCCPC had overstepped its authority by acting as complainant, investigator, prosecutor, and judge, thereby infringing upon CCNL’s right to a fair hearing. In response, the FCCPC maintained that it had provided CCNL with ample opportunities for a fair hearing, including participation in investigations, written submissions, and multiple consultative meetings. The Commission also asserted its statutory authority to issue and enforce orders under the Federal Competition and Consumer Protection Act (FCCPA).

As of March 2025, the Competition and Consumer Protection Tribunal has reserved judgment on CCNL’s appeal against the FCCPC’s penalty. The tribunal’s forthcoming decision is anticipated to have significant implications for corporate regulatory compliance and consumer protection standards in Nigeria.

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