In a major loss of face for the LDF government, Kerala High Court today quashed its order banning the production and sale of Coca Cola and Pepsi in the state.A division bench, comprising Chief Justice V K Bali and Justice M Ramachandran, set aside the August 10 order of the state government banning the manufacture and sale of products of the two softdrink majors.The bench held that there was no justification to continue the ban, and the orders were "harsh", "unreasonable" and "arbitrary".The power to prohibit manufacture and sale of food articles rests with the Central Governemnt alone by virtue of Section 23(1A) of the Prevention of Food Adulteration Act, 1954, it said.The state had slapped a blanket ban on the cola companies, apparently influenced by the report of NGO Centre for Science and Environment, which had found higher than permissible pesticide content in 11 products manufactured by Coca Cola and Pepsi.Several other states had also imposed a partial ban on the products of the two companies like prohibiting in sale in schools and colleges.The bench also pointed out that the provision under which the ban was imposed was not an independent source of power for the state authority. The source of power of the state (Health) authority is located only in valid rules made in exercise of power under Section 24 of the Act of the state government.
