Indian Govt. gives clean chit to cola cos. but ban to continue

The pesticide–in–cola controversy took a new twist when the Indian government rushed to the aid of the cola companies, Coca–Cola and PepsiCo, announcing that the findings of the NGO, which stated that soft drink samples taken from the two companies contained higher than permissible limits of pesticide, were erroneous and inconclusive.

Delhi–based NGO, the Centre for Science and Environment (CSE) had, on August 2, unveiled findings of a new study that claimed high pesticide residue in sample products of the cola giants Pepsi and Coca Cola, triggering action by states like Rajasthan, Punjab, Karnataka, Gujarat and Madhya Pradesh and prompting the Kerala government to ban the sale and production of soft drinks. However, some states like Tamil Nadu and West Bengal had refused to impose an independent ban, hinting that the central government should take a stand first and make it clear whether the products are safe or not.

The Expert Copmmittee, which was constituted by the Ministry of Health and Family Welfare, to investigate into CSE's claims, now have conclusively disagreed with the findings, questioning the credibility of the CSE's laboratory and expressing doubts over its methodology of sampling and testing.

"The conclusion of the Expert Committee is that the report of the CSE does not provide conclusive evidence for the presence of different pesticides in the concentration reported," Union Minister of Health and Family Welfare, Dr. Anbumani Ramadoss said, while addressing the Lok Sabha (Lower House of the Indian Parliament) on August 23, 2006.

Also the residue data reported, based on gas chromatography (GC)–mass spectometry is inconclusive, he said.

The nine–member panel headed by Dr. D. Kannungo, a Health Ministry official, said that the CSE laboratory, which operates to the requirements of ISO 9001, did not demonstrate its competence to produce technically valid data and results. After deliberating on the CSE findings, it said the conclusions were incorrectly inferred.

"The (CSE) report does not provide details about a number of pertinent points, which are required for the confirmatory interpretation of quantum results," the Committee reported.

"A balanced approach has not been followed while undertaking the scientific review. The (CSE) report does not provide details about a number of pertinent points, which are required for the confirmatory interpretation of quantum results."

It said not only did the sampling methodology lack "scientific and statistically valid basis" but the "residue data reported based on GC–Mass confirmation is inconclusive."

According to Dr. Ramadoss, a total of 213 samples had been lifted from 14 states and despatched for testing and according to the report received from the state of Gujarat where 28 samples were analysed, none of these samples have shown presence of any of the pesticides except for two samples tested by the Central Food Laboratory in Mysore which reported that pesticide levels were below the statutory limits.

Suggesting that there was also a need for the sampling of sugar from different geographical regions to assess pesticide residue levels, the Health Minister pre–empted the possibility of pesticides coming in through sugar, one of the constituents of soft drinks, apart from water.

The report of the monitoring study, to be complete by January 2007, would enable the government of India to prescribe composite standards for carbonated water, after following the due process of notification, he said.

A high–level committee of experts under the chairmanship of ICMR director general is already examining the report of the Centre for Science and Environment (CSE) on the presence of pesticides in 'excess' and other relevant materials, he added.

The government, he said, wanted to prepare a fool–proof scientific testing process and protocol of standards which could not be challenged in court and other fora.

The Health Minister, however, added that though the CSE's findings were "inconclusive," yet, the government did not "contradict" the findings and has directed CSE to furnish more details on the tests it conducted on Pepsi and Coca Cola drinks. The CSE is expected to furnish that within a few days, he added.

Denying the allegations that the Central government was "sleeping over the matter," Dr. Ramadoss said they had already directed the soft drink manfacturers to use only water which conformed to the quality standards of the packaged water.

He said the standards were being fixed for three main ingredients that constituted the drinks – water, sugar and concentrate.

The soft drinks majors were having patents for their concentrates which could not be questioned but the standards for the sugar used, which too have pesticide residues, will also be fixed, the Health Minister added.

"My priority is consumer safety. It is not a question of banning or not banning. The issue concerning level of pesticide was a short–term problem while the health issue was a larger one. Global studies have concluded that junk foods including carbonated drinks have resulted in obesity, diabetes and even dental problems," he said.

Ramadoss's comments, in turn, have infuriated CSE director, Sunita Narain, who has accused him of shielding the cola giants. The CSE said almost all soft drinks sold in India contain high levels of pesticides, but the focus was on Coke and Pepsi because the two account for nearly 80 percent of India's $ 2 billion soft drink market.

"The ministry has specialized in setting up committee after committee without any outcome, which suits the companies’ interest. Even today, the minister refused to tell Parliament when his ministry would issue final standards," said Ms. Narain.

Incidentally, similar allegations of pesticide contamination in drinks surfaced in India in 2003, but the government has yet to set and enforce quality standards for such products.

"This time, when the ministry uses the allegations provided to it by the companies to disparage CSE, it is also discrediting its own joint parliamentary committee," she said, adding that the Expert Committee's report endorsed a Coca–Cola sponsored study prepared by the UK–based Central Science Laboratory (CSL). "It is very unfortunate that the minister decided to toe the company line," said Narain.

"This is the same ministry that had blocked the standards for carbonated beverages which had been finalized by the Bureau of Indian Standards (BIS) from being notified. Even then, the ministry was working for the companies' interest," a press release issued by CSE said.

Meanwhile, the Health Minister's comments have come as a welcome relief for the cola companies which have seen, ever since they were accused of not maintaining high standard of quality control by CSE, the sale of their soft drinks fall by as much as 15 percent in the Indian market.

"This will go a long way in reassuring consumers about the quality and safety of our products," said a PepsiCo spokesman.

"We have always been confident of the safety of our products. We will continue to work with the ministry of health and Bureau of Indian Standards, the scientific community, and NGOs to establish appropriate science–based norms," said a statement released by Coca–Cola India. "We have the same uncompromising commitment to product safety and quality in our beverages in India that we offer around the world."

However, market analysts claim that the cola cos.–CSE tussle is far from over as several states have insisted that they would continue the ban on sale of Coca–Cola and PepsiCo soft drinks even though the Union Health Ministry has dismissed allegations that the beverages contained pesticide residues.

"Repeated studies have proved that the colas are not good for health. So we have banned them for people's welfare," said P. K. Sreemathi, Kerala's health minister. "Our decision is final ...We will enforce it strictly."

Both Coca–Cola and Pepsi have bottling plants in Kerala. Both insist their products are safe and have already challenged the ban in the state's High Court. However, the court has passed an interim order, refusing to stay the ban, and has issued notices to the state government and the Director of Health Services (DHS).

Authorities in three other states, Gujarat, Karnataka and Andhra Pradesh, said they had no plans to reverse the ban on sale of the soft drinks at schools, colleges, hospitals and government offices.

"There is no question of going back on the (ban) order," said Gujarat Health Minister Ashok Bhatt.

It was not immediately clear if the states of Rajasthan, Madhya Pradesh and Chattisgarh, which also imposed a similar ban, would review their decisions.

Indian states have broad autonomy to make their own health and education policies, and they cannot be overruled by the central government.

In Karnataka, authorities have filed a case of food adulteration against Coca–Cola India and PepsiCo, said R. Ashok, the state's Health Minister. Ashok said the state had conducted independent tests at its government laboratories, which supported the disclosure made by the CSE.

The state government is also contemplating a total ban on the sale of soft drinks in the state and is studying the legal implications of such a move, he added.

Karnataka is the first state to file a case against the companies after the 'pesticide–in–the–cola' controversy broke out.