A lady recently went viral after posting a video of a loaf of bread she claimed stayed fresh for over two months. She warned the public to be careful about what they consume. Although she did not mention any brand name or show a clear logo, a bread company has reportedly sued her for ₦50 million, claiming the video caused them financial loss.
▶️From a legal point of view, the fact that she did not mention the company’s name does not automatically end the matter. The court will first consider identification, whether an ordinary person watching the video could recognise the company from the bread’s shape, packaging, or general appearance. If people can link it to a specific brand, then she may still be referring to them in the eyes of the law.
▶️The next major issue is whether her statement was true or false. If it is true that the bread actually stayed fresh for that long, then her statement may be seen as an honest and factual review, and she may have no case to answer. But if it turns out to be false or misleading, then she could be held liable.
▶️The court may also look at her intention, although this is not always decisive. The key point remains that truth is a defence, while false statements can attract liability.
◀️On the other hand, if the company cannot prove that the bread shown is actually theirs, or cannot establish that her claims are false, then the lady may have grounds to sue for malicious falsehood, intimidation, or harassment and also seek for damages.
📌It is also important to note that not mentioning a brand name does not mean you did not refer to it. If the product was shown in a way customers could recognise, that may be enough in law, especially considering how serious the allegation is.
From a practical standpoint, the company’s decision to sue may not be the best approach. It has drawn more public attention to the issue, may affect their sales, and could attract investigation from regulators like NAFDAC. If the lady’s claim turns out to be true, the company may face even more serious consequences.
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By: Wendy Cynthia O.
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