COMESA Competition Authority orders Coca-Cola South Africa to recall ‘Appletiser’ drink

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The COMESA Competition Authority has issued a compulsory product recall notice to Coca-Cola South Africa (CCSA). Accordingly, CCSA is required to:

(a) Within 10 days, disclose to the general public in the countries where the affected Appletiser was distributed in the Common Market the following:  i. the nature of a defect in, or a dangerous characteristic of, the goods identified in the notice; ii. the circumstances in which the use of the goods is dangerous;  iii. procedures for disposing of the goods specified in the notice;  iv. Measures undertaken by CCSA to do whichever of the following is appropriate:

a. replace the goods;  b. refund to a person to whom the products were supplied (whether by CCSA or by another person) the price of the goods within the 10 days.

(b) desist from exporting the same products to the Common Market until such a time when the defect is corrected and the general public is informed accordingly.

The CCA says the recalled goods are considered unsafe and the supply of such goods to the consumers in the Common Market before the defect is corrected is a violation of Article 31 (1) of the Regulations. The Commission therefore wishes to inform CCSA, importers, traders and distributors that selling of the recalled batches to a consumer in the Common Market before the defect is corrected is a violation of the Regulations and attracts a penalty of upto 10% of the total turnover of the undertaking found in breach of the law in the Common Market.

Furthermore, the Commission wishes to request any person who purchased the products and is unable to secure a refund or a replacement within 10 days, or who after 10 days establishes that the recalled product is being sold in the Common Market, to report the matter to the Commission  on +265 (0) 1 772466

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