Times of India

Bangalore, Dec 21: The state government seems to have realised it can't legally defend an order that cites the presence of pesticides as the reason for banning colas in schools and colleges.

Days after it withdrew the ban, it's back again, this time under a different law to protect children's health.

The ban on sale of colas in schools and colleges on grounds that levels of pesticides were dangerous was issued under the Prevention of Food Adulteration Act.

The new ban, notified on December 18, is under Article 162 of the Constitution. The article deals with the executive power of the state.

The cautious government has, this time, dropped all references to pesticides in soft drinks in the official notification.

The reason for reintroducing the ban is to protect "the interest of health and wellbeing of children".

The government now says it has found consumption of carbonated beverages results in childhood obesity, diabetes, osteoporosis and tooth cavities and that sale of carbonated beverages has been prohibited in schools in the US, UK and other countries.

Reacting to Karnataka's ban, the Indian Soft Drink Manufacturers' Association said: "The Indian soft drink industry is shocked at the developments in Karnataka.

The industry offers a broad range of beverages, which we believe can be part of occasions where there is need for hydration, refreshment, nutrition and celebration, and are completely safe.

To date, there has been no conclusive study that establishes that consumption of soft drink leads to health issues like obesity, diabetes, osteoporosis and tooth cavities in children as has been alleged by the state government."

The government had submitted a memo before the Karnataka High Court on December 15, withdrawing the August 14 ban and also seeking dismissal of the petition filed by PepsiCo.

The new notification is, however, silent on the penalty on schools flouting the ban. "Once we start penalising the guilty, you'll know what the penalty is,"heatlh minister R Ashok told reporters.

The minister said the government will come out with a detailed notification on permissible limits for using monosodium glutamate (ajinomoto).

"During raids, our officials have found these colouring agents are being used in excess. In the interest of citizens we will start penalising hotels which use ajinomoto beyond permissible limits."