The Court of Appeal has affirmed a five-year-old decision that requires soft drinks manufacturer Coca-Cola to include nutritional information and customer care details on its glass bottles. The bench of three judges ruled that Coca-Cola failed to demonstrate that it did not have an obligation to provide consumers with essential information and contact details, as determined by the High Court in 2018.

Background:

The case was initially filed by Mr. Mark Ndumia Ndung'u, who argued that the absence of nutritional information on Coca-Cola's glass bottles prevented consumers from understanding the benefits of consuming their beverages. Additionally, Mr. Ndung'u stressed that access to email addresses and phone numbers was crucial for consumers to provide feedback, make inquiries, register complaints, and optimize their experience with the products. Mr. Ndung'u himself had stopped consuming soda four years prior to filing the case.

Coca-Cola's Appeal:

Nairobi Bottlers Ltd and Coca-Cola Central, East and West Africa appealed the High Court's ruling, contending that their beverage brands in Kenya already complied with food labeling requirements outlined in the Food, Drugs, and Chemical Substances Act.

Court of Appeal's Decision:

However, the Court of Appeal justices, Hannah Okwengu, Dr. Imaana Laibuta, and John Mativo, sided with Mr. Ndung'u. They determined that he successfully demonstrated that the omission of nutritional information on Coca-Cola's glass bottles violated Article 46 and the Consumer Protection Act. The judges also agreed with Mr. Ndung'u's argument that differential treatment of consumers based on the packaging of Coca-Cola products—plastic versus glass bottles—was unjustifiable.

Conclusion:

With the Court of Appeal upholding the initial ruling, Coca-Cola is now obligated to provide nutritional information and customer care details on its glass bottles. This decision emphasizes the importance of transparency and consumer rights in ensuring that individuals are informed about the products they consume. It also underscores the principle of equitable treatment for all consumers, regardless of their purchasing power or the packaging of the product.