Coca Cola ordered to label its glass bottles in six months

Manufacturer given six months to provide information on nutrition value of all its soft drinks [Beverlyne Musili, Standard]

Coca Cola has been ordered to place labels with nutrition information on its soft drinks in glass bottles.

High Court judge Joseph Onguto gave the company six months to comply with the order, noting that failing to do so was discriminatory and against the right of consumers to make informed decisions on their health.

The orders apply to popular brands Coke, Krest, Sprite, and Fanta.

“The petitioner is entitled to nutrition information and this ought to be readable and understandable to the consumer,” the judge ruled. “I have no hesitation to say nutrition information ensures the protection of consumer’s health. The omission of the same is an infringement of the consumer’s right."

The case was filed by Mark Ndumia, who complained that the company put labels on its plastic bottled beverages but not on the ones in glass bottles.

Medical care

Mr Ndumia told the court that he liked Coke. According to him, he developed stomach pain in 2014. After seeking medical care, he claimed he decided to check whether his favourite drink had any information on nutrition and how to store it after opening the bottle top.

Onguto heard that Ndumia found none and decided to inquire from the company's customer care service. But the bottle had no phone number or email address.

The man told the court that he then bought the drink in a plastic bottle and found that it had all the information he needed.

The court heard that the same information is on Dasani water, also sold by the company.

He argued that it was discriminatory to have some of the beverages with the crucial information and others without.

Ndumia had also asked the court to declare that the cost disparity between plastic and glass bottled sodas was discriminatory and unfair as the content and the amount was the same.

Coca Cola in its reply told the court that soda in plastic bottles was more expensive because the contained could be reused in packaging, lowering the cost of production.

The company added that there was no legal obligation on a manufacturer, packager, or distributor of soft drinks to display nutritional information and contacts on the product.