Coca-Cola bottler seeks 10 months to repackage drinks

Nairobi Bottlers Limited has returned to court seeking more time to comply with a directive to put nutritional information, storage and contact information on the soft drinks’ glass bottles.

In a judgment made in 2018, which the Supreme Court affirmed last November, the judges directed the bottler to put the information on glass bottles of the Coca-Cola, Krest, Fanta, Sprite and Stoney brands.

The company has now moved to the High Court seeking 10 months to comply with the judgment.

“The first respondent is keen to comply with the judgment and the prevailing regulatory requirements and seeks an extension of time to achieve full compliance,” the company said in the application.

Read: Supreme Court hands Coca-Cola final blow in Sh8bn bottles row

High Court judge Chacha Mwita directed the mentioning of the case on January 31 for directions.

Mark Ndung’u Ndumia successfully petitioned the court to direct the firm to put the information on the labels of glass bottles the way it is on the plastic bottles.

He argued that the omission relating to the nutritional content, the customer service contacts and storage directions on the glass bottles violated Article 46 of the Constitution and amounted to discrimination.

The High Court allowed the petition on January 30, 2018, and the Court of Appeal dismissed a subsequent appeal on July 7, 2023.

Both the High Court and Court of Appeal had established that the omission of the product information on the packaging of the glass bottles deprived consumers of their constitutionally guaranteed right to be aware of the nutritional information and storage directions of their preferred beverage.

The company sought to overturn the decision at the Supreme Court, but the second appeal was dismissed on a technicality as it was filed late.

The beverage maker and distributor had claimed that it would incur costs of up to Sh8 billion in producing new glass bottle designs.

Read: Centum sucked into Coke, KRA Sh3.7bn war

The company says it has taken steps to comply with the judgment, including engaging the Kenya Bureau of Standards to approve the proposed designs.

The company’s Sustainability Report 2022 states that Coca-Cola’s sustainability goals support clear nutrition information on packaging and in its communications.

“The applicant is steadfast in its commitment to comply with the judgment and at the same time with prevailing requirements and requires an extension of 10 months to achieve full compliance,” said the company in the application.

The company says the judgment did not outline detailed steps it would need to take to ensure compliance with the decision.

According to the bottler, the glass bottled products comply with the Standards Act and the Food, Drugs and Chemical Substance Act and to ensure that any changes proposed to the glass bottled products are in line with the judgment, the company is required to liaise with various government agencies that regulate the industry.

→ (email protected)