Company sues Seven-Up over contaminated bottled water

A Company, DAI Brothers Investment Ltd, has sued Seven-Up Bottling Company Plc before a Federal High court over allegations of contaminated Aquafina Table Water.

The company claimed that Seven Up supplied contaminated Aquafina Table Water to its officials.

The plaintiff is now seeking an order compelling the National Agency for Food and Drug Administration and Control (NAFDAC) to release on oath, the report of Laboratory analysis on Aquafina Table Water, via its Notice of Complaint.

The applicant in an affidavit sworn to by its Managing Director, Ibrahim Yaro, alleged that sometime between November and December 2015, his company purchased Aquafina Table Water from Gjonny Enterprises, an accredited distributor of Seven-Up Bottling Company Plc.

He said that the water was for supplies to the vessel M.T. Marina – one of its major clients.

The company said that it was shocked when informed by the owners of the Vessel M.T. Marina that the Aquafina Table Water was contaminated.

He said that 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.

The applicants thereafter, lodged a complaint to the Director of NAFDAC in Apapa, and officials of NAFDAC investigation and Enforcement directorate, recovered from the applicants company 22 packs of 150cl Aquafina Table Water.

Upon the recovery of the 22 packs from the store of the company, samples of the content were taken, for laboratory analysis by NAFDAC, in the presence of the company and the representative of Seven-Up.

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

He said that inspite of its solicitors’ letter for the release of the result, NAFDAC failed, refused and neglected to release the said certificate or report of laboratory analysis of the table water.

The deponent further stated that following the 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.

He said that they were accused of negligence and collusion in the entire saga.

Yaro averred further that following the situation, his good business name, image and reputation that have been 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 wrong cannot be redressed.

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

NAFDAC is yet to file a defence to the suit. Justice Rabiu Shagari, has adjourned till April 12 for hearing.

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