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| Kerala HC quashes ban on Coca-Cola | | | New Delhi, Sept 22
Coca Cola India today expressed gratitude over Kerala High Couer quashing ban on sale of Coca Cola in that state. A press statmenet, issued by the company today said, “We are gratified that High Court of Kerala has set aside the illegal orders of the Government of Kerala and the State Food (Health) Authority dated August 10 and 11, 2006 respectively banning the manufacture and sale of Coca-Cola in the State.”
It added, “This order protects the interests of big and small retailers, local entrepreneurs and employees which have been affected by this illegal ban. In response to the interests of consumers, we will immediately take necessary steps to make Coca-Cola available across the State of Kerala.”
The statement further said that, “Coca-Cola India has always been completely confident of the safety of its soft drinks in India because they are produced to the same level of purity, regarding pesticides, as the EU criteria for bottled water (globally accepted as one of the most stringent in the world)”.
Earlier, Supreme Court of India in the Godavat Pan Masala Case had very clearly laid down that State Health Authorities has no power to issue such bans under the Prevention of Food Adulteration Act (PFA) other than in 'emergent situations' and that too for a temporary period after giving the affected party a hearing. Given the Supreme Court Judgment and the order of the Kerala High Court today, we hope that other State Governments will reconsider similar orders/advisories issued by them and abide by the law as interpreted by the Supreme Court of India.
The Judgment and order of the Kerala High Court was delivered by a Division Bench comprising Chief Justice V.K. Bali and Justice M. Ramachandran on the writ petition filed by Hindustan Coca-Cola Beverages Pvt. Ltd.
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