Supreme Court turns down plea to ban PET bottles, packaging

Environmentalists say fresh studies suggest they may be harmful to health

The Supreme Court has dismissed an appeal against the decision of the Madhya Pradesh High Court which had dismissed a public interest petition seeking ban on PET (thermoplastic polymer, polyethylene terephthalate) in packaging food, drugs and beverages.

The petition was filed by Prani Mitra Samiti (Pramisha), a non-governmental organization (NGO). While dismissing the special leave petition, the apex court upheld the high court verdict, which based its order on the fact that under the Food Safety Act, PET packaging had been certified by the Bureau of Indian Standards (BIS) 26 years ago.

Environmentalists say scientific studies by independent groups show chemical elements in PET bottles react with chemical components in drugs and cause leaching in different temperature conditions. These companies might have BIS clearances, but the government should reconsider use of PET bottles in the light of fresh studies, they say.

Public interest petitions were filed in Karnataka, Andhra Pradesh, Uttar Pradesh, Punjab and Haryana, saying PET polluted beverages and caused environmental hazard; several courts have rejected petitions on the subject. NGO’s approached the health ministry for a ban on PET packaging for medicines, saying leaching can have a carcinogenic impact.

Health ministry sets up expert committee

The health ministry set up an expert committee to look into the matter after two Dehradun-based NGOs intensified protests against PET bottles and demanded complete ban on its usage. Coloured and uncoloured PET bottles are used as primary packaging material in pharmaceutical liquid orals, suspensions and dry syrups. The expert committee has submitted its observations to the Drug Testing Advisory Board (DTAB) and it is scheduled to be discussed in next meeting.

The bench of Chief Justice P Sadashivam and Justice Ranjan Gogoi rejected the plea outright last Friday. The bench observed that the petitioner should have presented scientific studies or details in his plea against PET packaging. The bench then asked the petitioner's advocate Gautam Awasthi to read the Madhya Pradesh High Court order in detail before dismissing the case.

The high court judgement stated that PET bottles have already been certified by Bureau of Indian Standards (BIS) and there is no specific study by any recognised institution to show otherwise that such packaging is hazardous to the health of consumers or the environment. Further, the high court order took cognisance of the pollution control board's response that PET bottles are recyclable and are not harmful to human beings.