Adonko denies selling to minors

Angel Group of Companies, producers of Adonko Bitters has denied selling the alcoholic product to minors as alleged by the Food and Drugs Authority (FDA) recently.

The FDA recently suspended the registration and advertisement licence of Angel Group of Companies for allegedly selling the alcoholic beverage to minors at a concert organised by the company at the Baba Yara Stadium in Kumasi on Easter Monday April 17, 2017.

According to the FDA, most of the youth passed out at the event as a result of excessive intake of the alcoholic product.

The FDA in a statement noted that its investigation had confirmed that the criterion for gaining access to the concert was solely on condition that each individual purchased a 750ml bottle of the alcoholic beverage at a cost of GH¢10, a situation which resulted in the alcoholic beverage being sold to minors as well. “It also resulted in excessive consumption, clearly putting the consumers at risk of flouting the caution of drinking responsibly,” the statement added.

The Authority said the action of the company contravened Section 3.2.19 of the FDA guidelines for the advertisement of food products, which states: “No alcoholic beverage shall be advertised in relation to a public function where persons under the legal drinking age are likely to attend.”

The FDA also said Angel Group of Companies contravened Section 3.2.12 of the FDA Guidelines for the Advertisement of Food products, which prohibit the use of well-known personalities in the marketing of alcoholic beverages, by engaging dancehall artiste Shatta Wale and highlife sensation Bisa Kdei in the promotion.

These acts, the FDA said, exposed patrons of the said programme to unwarranted serious health risks bordering on public health.

The FDA also directed the manufacturers to recall Adonko Bitters from the market.
The company was also slapped with an administrative charge of GHS25,000 for failing to comply with the regulatory requirements.

In a statement, however, lawyer for Angel Group of Companies, Samson Lardy Anenini of A-Partners@law said the company “disagrees with claims and suggestions of violations where there is no evidence that the product was sold to minors and/or that consumers on the occasion were adversely affected by its consumption.”

“There was massive police and military presence to ensure the safety of patrons. There was ambulance which on record attended to a patron who needed medical attention. It is difficult to make scientific claims of pictures whose sources cannot be guaranteed. That, notwithstanding, the company apologises for any untoward developments leading to the FDA’s actions,” the statement added.

Below is the full statement from Angel Group of Companies:

RE: FDA SANCTIONS AGAINST ADONKO BITTERS
PENDING INVESTIGATIONS INTO SUSPSECTED VIOLATIONS

We are solicitors for ANGEL GROUP OF COMPANIES whose subsidiary are manufacturers of Adonko Bitters, and have instructions of our clients to bring to your kind notice as follows:

1. That the company has petitioned the Food & Drugs Authority over the decisions and actions particularly in sanctioning Adonko Bitters Limited which it publicly announced last week pending investigations into allegations that the company’s Easter Monday April 17 2017 Adonko Bitters Aseda Bash concert at the Baba Yara Stadium left some “youth passing out as a result of excessive intake of the alcoholic product.”

2. That the FDA has been supplied information and facts that should assist put matters of the said event in proper perspective, and hopefully inform a quick revision/reversal of the decisions and actions taken so far. This should also allay any fears by patrons of products manufactured by our clients, and these include the facts below:

i. That the manufacturing practices and quality monitoring systems remain as thoroughly examined and approved by the FDA, and that the incident of suspected abuse of the product during the special aseda bash event is completely unconnected to the safety and quality of Adonko Bitters.

ii. That it ought to be stated with emphasis that the product sold at the event remains the product approved by the FDA except for a special event promotional label. The assurance is therefore given the FDA and consumers that the quality and safety of the said product is what the FDA has already approved.

iii. That further assurance is given the FDA and consumers of the company’s full commitment and cooperation with ongoing investigations even though it is certain the outcome will confirm the contents of the product remains what the FDA approved.

iv. That in line with these facts and the above sincere assurances of full commitment and cooperation and in full compliance with the FDA's directive to recall the product, the company further assures that it is embarking upon same forthwith.

v. That the company states that while recalling the product with batch number 201, it is also simultaneously announcing to the general public to return said product anyone may have for replacement.

vi. That the company is happy to note that the special event promotional labeling of the said batch of said product makes it even easier for identification and will assist all to separate it (though was left unsold at the event) from what has always been on the market and embraced by consumers for its high quality.

3. That the company, without prejudice, accepts in good faith the administrative charge of GHC 25,000.00 resulting from the FDA’s decision of a lapse on part of the company in running promotions for the said event with the product with celebrity association with the event without prior notice and approval of the FDA.

4. That the company, however, disagrees with claims and suggestions of violations where there is no evidence that the product was sold to minors and/or that consumers on the occasion were adversely affected by its consumption. There was massive police and military presence to ensure the safety of patrons. There was ambulance which on record attended to a patron who needed medical attention. It is difficult to make scientific claims of pictures whose sources cannot be guaranteed. That, notwithstanding, the company apologizes for any untoward developments leading to the FDA’s actions.

5. That the FDA and the general public is assured, most sincerely, of the company’s fullest commitment to the FDA’s requirements and all safety and quality standards which have given products of the company international acceptance, and also that the appropriate notices and approvals for such promotional events shall be strictly adhered to in future.

Thank You.

Signed

SAMSON LARDY ANYENINI, ESQ.
A-PARTNERS@LAW