Issue:
Whether the Petitioner has a right to the nutritional and contact information sought in the Petition.
Summary:
In 2018, Mark Ndumia Ndung’u filed a constitutional lawsuit against Nairobi Bottlers Ltd before the High Court of Kenya regarding nutritional information. After being diagnosed with stomach ulcers and advised to avoid acidic products, the petitioner noticed that while Coca-Cola’s plastic bottles displayed comprehensive ingredients and nutritional facts, its glass bottles completely omitted nutritional values, storage directions, and customer service contacts.
In its final decision, the Court of Appeal declared that the Respondent’s failure to include nutritional information and storage instructions on the glass bottles of its Coca-Cola, Fanta, Krest, Stoney, and Sprite brands infringed consumers’ rights under Article 46(1)(a), (b), and (c) of the Constitution of Kenya. It further held that the selective disclosure of nutritional details, customer care contacts, and storage guidelines constituted discrimination and unequal treatment of consumers, in violation of Article 27 of the Constitution.
Moreover, the case highlighted the close connection between the right to health and other fundamental rights. It demonstrated that the realization of consumer protection rights and the right to access information is essential to the full enjoyment of the right to health.
Consequently, the Court issued a mandatory injunction requiring the Respondents to include nutritional information, storage instructions, and customer care details on all their glass bottle brands within six months from the date of judgment.