SC won’t intervene, Coke seeks protocol

The main plea of Hindustan Coca-Cola Beverages was that the SC should order testing of all soft drinks to verify the alleged finding of the Centre for Science and Environment that they had high pesticide content.

This is no different from the petition filed by Pepsi, the other soft drink major, before the Delhi High Court. Two days ago, the high court directed the Centre to test the soft drinks and report the results within three weeks. Coke’s senior advocate Kapil Sibal requested the SC that till the expert panel set up by the Centre tested the soft drinks for pesticide content in a well-equipped laboratory, the sale of the soft drinks should not be stopped arbitrarily.

Explaining the grave danger posed to the soft drink manufacturers in the wake of the CSE report, the counsel said schools, government bodies and other organisations have started refusing to take stocks of the soft drinks. The bench refused to be persuaded by the company’s plea and repeatedly said: ‘‘We will not interfere in the matter.’’

Reacting to this statement by the bench, Sibal asked: ‘‘If the SC will not entertain the matter, where else could the manufacturers go at a time when state after state is closing its doors to the company?’’ The bench said: ‘‘You (the company) run the business all over the country and you can move appropriate forums there.’’

Sibal countered the bench’s reply by saying that he was only requesting the SC to help the confused consumer by ordering a test by a competent laboratory through independent experts.

Meeting the same response time and again, the company withdrew its petition from the SC. Meanwhile, Coca-Cola’s vice president (Public Affairs and Communications) Sunil Gupta said: ‘‘We continue to believe that a consistent, professional testing protocol is necessary if the interests of consumers and the interests of beverage manufacturers are to be jointly served.’’

Pointing out that it had approached the SC to ‘‘quickly address the current consumer confusion on this issue, Gupta said : ‘‘The SC did not want to interfere at this early stage but said we could return later if necessary.’’

He said the testing by experts was necessary as ‘‘consumers need to know that the products they are buying in one part of India are manufactured under the same quality and safety standards that apply in other parts of the country’’.