Facts:

Facts:

The claimants in 2007 purchased in large quantities Coca Cola, Fanta Orange, Fanta Lemon, Fanta Pineapple and Sprite carbonated soft drinks from the 1st defendant and exported same to the United Kingdom for sale. Upon arriving in the UK, the health regulatory authorities, carried out investigation on the contents of the soft drinks. Consequently, the authorities discovered that the Fanta and Sprite contained excessive amounts of “Benzoic Acid” which made them unsafe for human consumption. The findings of the regulatory authority were corroborated by the Coca cola European Union who stated that the Fanta and Sprite also contained excessive “Sunset Yellow”.

The Fanta and Sprite, which were found to be unsafe and unfit for human consumption were consequently confiscated and destroyed by the United Kingdom authorities. The claimants, as a result, incurred financial loss. They therefore, sued the 1st defendants for negligence at the High Court of Lagos State. The claimant contended that the 1st defendant was negligent in the preparation and production of the Fanta and Sprite which resulted into the confiscation and eventual destruction of the soft drinks culminating into financial loss for the claimants. The claimants also contended that the 2nd defendant was negligent by failing to carry out necessary tests to ascertain whether or not the 1st defendant’s products were safe for human consumption.

The 1st defendant however, contended that it was not negligent in the production of the products as it followed and adhered to all regulations set by the 2nd defendant. It contended further that the products were produced based on the specification for local distribution and consumption and that the claimant, while purchasing the products, never disclosed to them that the goods were meant for export.

During cross examination, the 1st defendant’s witness testified that there is no uniform standard for all countries with respect to the quantity of “Benzoic Acid” and “Sunset Yellow” to be used in producing the soft drink and that each country has its standard. The witness further testified that the soft drinks, because of the high level of “Benzoic Acid” and “Sunset Yellow” becomes poisonous to humans when taken alongside Vitamin C.

One of the issues raised for determination by the claimant is whether the 1st defendant was negligent and breached the duty of care owed to its customers in the production of its Fanta and Sprite soft drinks which allegedly contained excessive “Benzoic Acid” and “Sunset Yellow”.