HC notice to Kerala on cola ban

The Kerala High Court today issued notice to the state government and directed it to justify the ban on the production and sale of cola drinks.

The notice was issued in response to petitions filed by Hindustan Coca-Cola and Pepsi India Holding against the ban imposed by the state.

The court, however, declined to grant stay on the ban order.

Admitting the petitions, Justice S Sirijagan issued notices to the state government and the director of health services.

Even though the counsel of the petitioners had pressed for an interim stay order, the court declined it before hearing the government's arguments.

The next hearing is scheduled for Thursday.

"We are completely confident in (sic) the safety of our soft drinks in India because they are produced to the same level of purity, regarding pesticides, as the EU criteria for bottled water (globally accepted as one of the most stringent in the world)," the Coca Cola statement said.

Both Coca-Cola India and PepsiCo India have filed petitions in the Kerala High Court challenging the state government's ban on their soft drinks.

"There is no legal basis for the ban, and it is unfair, arbitrary and unwarranted," said Coca-Cola India in its plea. Describing the ban as sad, it said independent tests by accredited laboratories inside and outside the country had clearly confirmed that Coca-Cola beverages were safe.

"We have shared the results of these tests with the Kerala government, but they have not withdrawn the ban," it said.

Adding that Coca-Cola India would support any move by the Centre to adopt clear criteria for pesticide residues in soft drinks through scientifically validated testing methods, it said, "We have the same uncompromising commitment to product safety and quality in our beverages in the country that we have around the world".

PepsiCo, which also filed a plea in the high court against the ban on production and sale of Pe psi, said "No reasons have been assigned for the ban".

At a briefing in Kolkata, Abhiram Seth, executive director (exports & external affairs, PepsiCo India Holdings), said the company moved against the Kerala government since it impinged on the company's rights to sell. The cola makers said that the ban was announced without hearing their version of the story.

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