Date:05/09/2006 URL: http://www.thehindu.com/2006/09/05/stories/2006090501660500.htm

Karnataka - Bangalore

Ban on soft drinks stayed partially

Staff Reporter

Ban near schools and colleges continues

BANGALORE: The Karnataka High Court on Monday partially stayed a notification by the State Government prohibiting the distribution and sale of aerated beverages manufactured by PepsiCo India Holdings Ltd.

In his interim order, Justice D.V. Shylendra Kumar did not stay the operation of the prohibition of aerated beverages in schools and colleges but stayed the notification in respect of government offices and other places.

PepsiCo had moved the court against a State Government notification of August 14 banning aerated beverages in schools, hospitals and State Government offices.

Appearing for the State, Advocate-General Uday Holla contended that the Government had sent samples of aerated beverages to the Central Food Technological Research Institute (CFTRI) after they were found to be adulterated. Opposing the ban, PepsiCo said the notification was issued under Rule 4 (3) of the Karnataka Prevention of Food Adulteration Rules 86. It termed the notification as illegal, arbitrary and in violation of the Constitution.

PepsiCo said it had set up a plant at 34th km stone on Tumkur Road in T. Begur. It contended that the State had not and could not have analysed any samples of beverages made by it for testing pesticide residue and as such they could not opine that the pesticide residue was beyond permissible limits.

Nor had the Government conducted any independent study to specifically point out at the adverse health effect.Justice Shylendra Kumar said the notification was not in full conformity with the provisions of the Food Act.

He partially stayed the operation of the notification and adjourned hearing on the case to September 25.