Commercial court restrains production of “Voltic Cool Pac”
A Kumasi Commercial Court, presided over by Justice Dr. Osei Hwere, has granted a restraining order on the production of “Voltic Cool Pac” sachet water.
It additionally awarded cost of GH¢500.00 each against the Food and Drugs Authority (FDA) and six other registered sachet producers.
This followed a writ filed against Voltic Ghana Limited together with the FDA, Nivaansh Manufacturing Limited, A.R. Zare, Adat Water Limited, Straight Gate Ministry, Tasty Urban Water Limited and Right River Enterprise.
Century Investment Limited, a sachet water producing company, has brought an action against them over, what it claims, is unfair trading practice.
It is in court seeking a declaration that the arrangement under which the six companies are using the franchise of Voltic to produce “Voltic Cool Pac” constitutes unfair trading, deception of consumers and the public, and a passing off.
The plaintiff is also asking for an order of injunction, which was granted, when the case came up for hearing on Thursday.
Only Voltic Ghana, has entered appearance and the court awarded the GH¢500.00 cost against the other defendants for failing to enter appearance.
Century Investment in its statement of claim said among other things that Voltic and the six other companies have for some time now been producing sachet water with the brand name “Cool Pac” and with different registered/licensed numbers embossed on the various 500 milligram (ml) sachets.
They have been packaging the sachet water in 500ml sachets with the inscription ‘Cool Pac’ but on the larger packs containing 30 pieces of 500mls sachets of water, the name ‘Voltic’ is added to the brand name Cool Pac to read “Voltic Cool Pac’.
The plaintiff insisted that “it is unlawful for a person to manufacture, label, package, sell or advertise a food in a manner that is false, misleading or deceptive as regards its character, nature, substance or quality”.
It said that the arrangement between Voltic and the six other sachet producers by which the latter produced sachet water with the franchise of Voltic under the brand name ‘Voltic Cool Pac’ was a deception of the unsuspecting consumer.
It added that this amounted to unfair trading and passing off.
Century Investment stated that the FDA had reneged on its duty to protect the consuming public from false, deceptive labeling and branding of water produced by the defendant companies.