Karnataka re-imposes select ban on soft drinks

The Karnataka government on Wednesday re-imposed a ban on the sale and distribution of soft drinks within the premises of schools, colleges and hostels with immediate effect. A notification to this effect was issued by the state government on December 18.

The decision evoked a strong response from industry body, Indian Soft Drink Manufacturers Association (ISDMA). "The Indian soft drink industry is shocked at today's development in Karnataka," said a statement issued by the association.

Only two days before the current notification, the Karnataka government had withdrawn the previous ban imposed on soft drinks in August 2006.

Justifying the current ban, R Ashok, Karnataka's health minister, said, "We have consulted the legal cell of the state government and decided to reimpose the ban as per the provisions under Article 162 of the Constitution. However, we cannot ban sale of soft drinks in hospitals and government offices under this Article."

The state decided to reimpose the ban by exercising powers under Article 162 read with Entry 6 of list-II of Schedule VII of the Constitution and inherent and general powers vested in it, the notification said.

The notification issued by the state government said, after considering the material and in the interest of health and well-being of children and students, the state felt an imminent need to prevent the sale of carbonated beverages within school, college and hostel premises.

The government defended its decision by saying it has been found that the consumption of carbonated beverages led to childhood obesity, diabetes, osteoporosis and tooth cavities. However, the ISDMA statement argues, "A ban is never the solution.

The need is for balancing 'calories in' and 'calories out'. This can be achieved by offering a range of beverage choices and by promoting healthy and active lifestyle. This clearly is a challenge which needs to be addressed by all the stakeholders."

The statement added that the soft drink industry is collaborating and is willing to further intensify the engagement in working with all the stakeholders including the government to address this issue.

Reacting to the government decision, a Coca-Cola spokesperson said, "This will not make any difference to our business. The ban is imposed only within school or college premises and not affect our sales near the institutions. We are yet to get the notification and will take a decision after going through it."

Stating that drinking soft drink will not cause obesity, he said the best answer to fight obesity is to adopt a healthy and active lifestyle and indulge into physical activities. "We at Coke have been promoting rural games such as kabaddi, kho-kho in Andhra Pradesh," he said. Karnataka had earlier slapped the ban on soft drinks in schools, colleges, hostels, hospitals and public places on August 14. The state government also filed a case in a small causes court after banning the sale of soft drinks but withdrew it recently.

The minister said the government is also contemplating a move to ban sale of soft drinks at government offices and hospitals. "The Article 162 does not empower us to ban the sale in government offices and hospitals. We are working out ways to do it in consultation with the legal department," he added.