MANJU SURANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the writ petitions No. 3105/2003, 4742/2003, 5867/2003 and 4741/2003 it was averred that carbonated drinks manufactured by Pepsi Co. and Coca-Cola are contaminated, laced with pesticides and contain suspended impurities, which are dangerous to human life. A ban on their sale and use by the public at large was sought. While disposing of the writ petitions vide order dated October 8, 2004, this court directed the respondent companies Pepsi Co. and Coca Cola, and all other manufacturers of carbonated beverages and soft drinks, to disclose the composition and contents of the products, including the presence of any of the pesticides and chemicals, on the bottle, package or container, as the case may be. On the Special Leave Petitions preferred by the companies the Hon'ble Supreme Court on December 6, 2004 granted liberty to the companies to seek clarification of exactly what kind of disclosure, this Court required them to make. IN terms of the order of Hon'ble Supreme Court, the instant applications seeking clarification have been filed.

(2.) INTERVENER M/s. Sunrise Beverages Pvt. Ltd. also filed an application seeking directions and clarification to address the issue as to what kind of disclosure would be best further to the public interest in informed choice.

(3.) IT is next contended that presence of pesticide residues is not a manufacture related issue. Occurrence of residues can be best controlled by Good Agricultural Practices. There are no validated analytical protocol anywhere in the world to analyze Complex matrix viz. Carbonated soft drinks. There is a need to first carry out a nation wide study to examine the presence of pesticide residue in food chain and the extent thereof.