Kerala High Court lifts cola ban in state, Govt. to appeal

Coca-Cola and PepsiCo had, in separate petitions on August 18, challenged the order banning their aerated drinks on the ground that state government's action was unconstitutional.

After hearing the arguments of all concerned, the Bench consisting of Chief Justice V.K. Bali and Justice M. Ramachandran said the state had no right to ban the products. "This decision can be taken only by the Central government and the state government has no right. The orders of the state government banning the products were harsh, unreasonable and taken hurriedly," said the Bench.

The Kerala government had on August 9 banned the manufacture and sale of Pepsi and Coke in the state after tests by the New Delhi-based Centre for Science and Environment showed high quantities of pesticides in 12 branded samples.

In their petitions, the cola giants pointed out that their products were safe and no scientific studies had shown any harmful contents. Both Pepsi and Coke have bottling plants in Palakkad district, Kerala.

According to news reports, reacting to the high court's decision, Democratic Youth Federation of India activists destroyed Coca-Cola products at one of the company's godowns at Mettukkada on September 23.

Police said the activists barged into the godown and threw out some old stocks of the products.