Seven Up, NAFDAC Sued over Contaminated Aquafina Table Water

Ladipo Sanusi/

Seven Up Bottling Company Plc has been dragged to court over allegations of contaminated Aquafina Table Water, barely two weeks after the Nigeria Bottling Company (NBC) lost a case over the health hazards posed by Coca-Cola and Sprite.

The case against Seven Up was instituted by DAI Brothers Investment Ltd, at a Federal High Court, in Lagos.

The company claimed that Seven Up supplied contaminated Aquafina Table Water to its officials, who are now seeking an order compelling the National Agency for Food and Drug Administration and Control (NAFDAC) to release forthwith, on oath, the Certificate of Report of Laboratory analysis on Aquafina Table Water, vide its Notice of Complaint.

The applicant in an affidavit sworn to by its Managing Director, Ibrahim Yaro, and filed before the Court by Barrister Jerry Omoregie, the deponent alleged that sometime between November and December 2015, his company purchased Aquafina Table Water from Gjonny Enterprises, an accredited distributor/deport of Seven-Up Bottling Company Plc, the bottlers of the table water, for supplies to the vessel M.T. Marina – one of its major clients.

The company stated that it was rudely shocked to be informed by the owners of the Vessel M.T. Marina that the Aquafina Table Water supplied was contaminated and some crew members who are foreign nationals of the M. T. Marina, who drank the water, immediately took ill and were evacuated and flown to India for medical treatment.

Yaro alleged further that following a close scrutiny of the Aquafina Table Water, it was discovered that the said water contained particles and foreign bodies of black substances.

Thereafter the applicants through its Solicitors lodged a complaint to the Director of NAFDAC in Apapa. After the complaint was lodged, officials of NAFDAC investigation and Enforcement Directorate, in Apapa, Lagos, recovered from the applicants company 22 packs of 150cl of Aquafina Table Water.

They told the Court that upon the recovery of the 22 packs from the store of the company, samples were taken of the content marked and sealed for laboratory analysis by NAFDAC, in the presence of the company and the representative of Seven-Up.

After laboratory analysis by NAFDAC, the representatives of the manufacturer were allegedly informed that the result certificate of the analysis would be ready within one month of the sample taken.

They claimed that despite the solicitors’ letter for the release of the result, NAFDAC failed, refused and neglected to release the Certificate or Report of Laboratory analysis of the Aquafina Table Water, after several visits to the NAFDAC office.

The deponent further stated that following the alleged defect of the Aquafina Table Water and the resultant effect, his company was immediately blacklisted by the owners of the M. T. Marina which had over six vessels working in Nigeria, and accused of negligence/collusion in the entire saga.

Yaro alleged further that following the whole saga, his good business name, image and reputation built over 8 years were greatly damaged.

He contended that unless NAFDAC is compelled by an order of the Court to discharge its statutory duty, by releasing the result of the laboratory analysis, “the applicant cannot be redressed”.

He urged the court to grant his application in the interest of Justice.

NAFDAC has not filed any defense to the suit.

But the presiding judge, Justice Hadizat Shagari, has adjourned till April 12, 2017 for hearing.

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