Coca-Cola Bottler Seeks 10-Month Extension to Implement Packaging Changes

Nairobi Bottlers Limited has returned to the High Court, seeking an extension of 10 months to comply with a 2018 judgment directing the inclusion of nutritional information, storage details, and contact information on the glass bottles of Coca-Cola, Krest, Fanta, Sprite, and Stoney brands. The Supreme Court affirmed this directive in November, and the company is now requesting additional time to achieve full compliance.

In its application, Nairobi Bottlers Limited expressed its commitment to adhering to the judgment and prevailing regulatory requirements. The court had initially ruled in favor of Mark Ndung’u Ndumia, who argued that the omission of nutritional content, customer service contacts, and storage directions on glass bottles violated consumers’ rights and amounted to discrimination.

High Court judge Chacha Mwita has directed the case to be mentioned on January 31 for further directions. The initial petition was allowed on January 30, 2018, with subsequent appeals dismissed by the Court of Appeal on July 7, 2023, after establishing that the omission deprived consumers of constitutionally guaranteed information about their preferred beverages.

While the company sought to overturn the decision at the Supreme Court, the appeal was dismissed on a technicality. Nairobi Bottlers Limited claimed potential costs of up to Sh8 billion for new glass bottle designs, stating that it has engaged with the Kenya Bureau of Standards to approve proposed designs.

The company asserts its commitment to sustainability goals, supporting clear nutrition information on packaging and communications. It maintains that the judgment lacked detailed steps for compliance, requiring engagement with government agencies regulating the industry to ensure proposed changes align with standards and regulations.