Brands/Products
Court Adjourns Rite Foods Vs NBC Suit to September 22
By Modupe Gbadeyanka
The contempt proceedings suit filed by Rite Foods Limited against the Nigerian Bottling Company (NBC) and its managing director, Mr Mathieu Seguin, at the Federal High Court, Lagos has been adjourned to September 22, 2021.
The matter came up for the first time on July 12, 2021, before Justice Allagoa but the counsel to Rite Foods, Mr Muyiwa Ogungbenro, urged the court to fix another date for the hearing of all pending applications.
He explained that the reason for the request was because there were several applications before the court that Rite Foods needed more time to respond to.
This prayer was not objected to by counsels to the NBC, Mr Marki Mordi, and the MD of NBC, Mr Opasanya (SAN).
During proceedings, Mr Ogungbenro informed the judge that he observed that the NBC and its MD were not in court, emphasising that by judicial authorities, they are required to be in court throughout the proceedings. He asked the court to emphasize to NBC and Mr Seguin’s counsel need to have their clients in court.
In response, Mr Seguin’s counsel argued that his client would be in court at the appropriate time and that his presence was not required when he is challenging the court’s jurisdiction.
But Justice Allagoa pointed out to Mr Opasanya that his client should always be in court even when he is challenging the court’s jurisdiction and Mr Opasanya later apologized for his client’s absence.
On his part, Mr Mordi apologised for his client’s absence, stating that his client was not served with the relevant court forms for the contempt proceedings.
The contempt proceeding is an offshoot of a claim filed by Rite Foods alleging passing-off by NBC of its Fearless energy drinks.
In the claim, which is before Justice Aneke, Rite Foods obtained interim injunctions against NBC to stop NBC from advertising or promoting its Predator energy drink in a manner that is capable of infringing on its Fearless energy drink.
Rite Foods alleged that NBC has disobeyed the interim injunctions. By the contempt proceedings, Rite Foods is seeking orders committing NBC’s managing director to prison until NBC obeys the injunctions.
It will be recalled that the passing-off contention came to light sometime in March, in Form 48, and in Suit No: PHC/L/CS/92/2021, at the Federal High Court, Lagos, published on Friday, March 19, 2021, in ThisDay and Guardian Newspapers, where Rite Foods alleged that NBC has infringed on its trademark with its Predator energy drink, which has adopted a lion insignia in resemblance of the mark on its Rite Foods’ Fearless energy drinks brand, which has been using and trading with the lion imagery three years before the NBC’s Predator came into the market.
The report also contained a notice of consequences of disobedience of court order issued to NBC’s MD, Mathieu Seguin, and an ex parte order restraining the company from promoting or using any sales promotion material for its Predator energy drink in a manner that infringes or passes off or that is capable of infringing or passing off the plaintiff’s Fearless energy drink until the interlocutory application for an injunction is determined.
The case centred on Fearless energy drink which was introduced into the Nigerian market in 2017 and the Predator energy drink, a product of NBC which was introduced into the market in 2020.
It is the contention of Rite Foods Ltd, the makers of Fearless energy drink that its product, Fearless trademark is being passed-off by Predator, a product of NBC.
By Adedapo Adesanya
FoodCourt, a Nigerian cloud kitchen startup backed by Y Combinator, has suspended operations after months of unpaid salaries and mounting debts to vendors triggered a staff strike and forced the company to halt customer orders, according to a report by TechCabal.
The publication reported that customers first noticed on March 4 that they could no longer place orders through the FoodCourt app after the company disabled ordering as kitchen workers, delivery personnel and branch staff embarked on strike over unpaid wages. The company also owed outstanding payments to vendors.
By April 19, FoodCourt had temporarily shut its last operating branch after suspending activities across its Lagos and Abuja locations while seeking fresh funding and restructuring the business, according to the report.
The company’s chief executive, Mr Henry Nneji, said the decision to pause operations was not caused by a single issue but by a combination of operational, organisational and working-capital challenges.
“It’s important to clarify that the decision to pause operations wasn’t driven by one single issue. We reached a point where it became clear that continuing to patch those issues while operating wasn’t the right long-term decision,” he said.
“The objective is to build a stronger business than the one that existed before the suspension. We fully intend to bring FoodCourt back,” he added in an emailed response.
The company acknowledged outstanding obligations to employees, vendors, riders and service providers, but declined to disclose the number of affected workers or the total amount owed. It said efforts were underway to resolve the liabilities as part of its restructuring process.
It was also reported that the startup’s financial difficulties worsened after expansion into additional locations increased operating costs, while its cloud kitchen model came under pressure from rising labour, logistics, food and marketing expenses.
Despite the shutdown, Mr Nneji said FoodCourt intends to relaunch after completing its restructuring, adding that the company believes demand for its products remains strong.
Founded in 2021 by Henry Nneji and Paul Adokiye Iruene, FoodCourt operates cloud kitchens under multiple virtual restaurant brands through its consumer app. According to TechCabal, the startup had previously disclosed raising $1.7 million, delivering more than one million meals and reaching $4.3 million in annual recurring revenue by the end of 2024.
By Aduragbemi Omiyale
To further reinforce its commitment to continuous enhancement of customer experience through menu innovation and quality improvements, Chicken Republic, Nigeria’s leading quick-service restaurant brand and a flagship brand of Food Concepts Plc, has improved its Smokey Jollof recipe across restaurants nationwide.
As a customer-centric brand, Chicken Republic regularly evaluates consumer feedback, dining trends, and product performance to ensure its menu continues to deliver the quality and value to which customers have become accustomed.
The updated Smokey Jollof is part of this ongoing commitment to continuous improvement.
The refreshed recipe represents the latest evolution of one of the brand’s most popular offerings.
Developed with a focus on richer flavour, greater consistency and an even more satisfying eating experience, the improved Smokey Jollof reflects Chicken Republic’s dedication to meeting the evolving tastes and expectations of its customers.
“At Chicken Republic, our customers are at the heart of every decision we make. We are constantly listening, learning and looking for ways to improve the experience we deliver.
“The improved Smokey Jollof is a reflection of that commitment. We’ve refined the recipe to deliver an even richer, more enjoyable taste experience while maintaining the flavour profile our customers know and love,” the Managing Director of Food Concept, Mr Olumide Aniyikaiye, stated.
“Great brands evolve with their consumers. This update is not about changing what people love, but about making it even better.
“We are confident that customers will enjoy the improved recipe and appreciate the attention we continue to invest in delivering quality meals every day,” Mr Aniyokaiye added.
The improved Smokey Jollof is now available at Chicken Republic outlets nationwide, allowing customers to experience a more flavourful and consistent version of a fan-favourite menu item.
This latest enhancement underscores Chicken Republic’s broader commitment to innovation, quality and creating memorable meal experiences for customers across Nigeria.
By Adedapo Adesanya
The National Agency for Food and Drug Administration and Control (NAFDAC) said it has uncovered a warehouse stocked with expired baby wipes intended for illegal revalidation and sale to unsuspecting consumers.
In a statement shared on X (formerly known as Twitter) on Monday, the agency said the value of the products is estimated at N42 million.
The agency said during the operation, its officers discovered over 240 cartons of expired baby wipes that had already been revalidated and repackaged, alongside approximately 20,000 additional expired wipes, equivalent to 625 cartons, awaiting revalidation.
NAFDAC said one suspect was apprehended at the scene, while the warehouse was sealed and the products evacuated for further investigation.
“The distribution and use of expired baby wipes pose significant health risks, particularly to infants and young children, including skin irritation, skin infections, allergic reactions, worsening of eczema or dermatitis, and an increased risk of diaper rash due to the reduced effectiveness of preservatives that inhibit microbial growth.
“The seized products are valued at approximately N42 million.
“We reaffirm our commitment to protecting public health by preventing substandard and expired regulated products from re-entering the market.
“Members of the public are urged to remain vigilant and report suspicious activities involving regulated products to the nearest NAFDAC office or call 0800 1 623322,” it stated.
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