The Food Safety and Standards Authority (FDA) of India was today
asked by the Supreme Court to file "records" of the proceedings of its
various panels, set up on apex court's order, passed during hearing of a
plea on harmful effects of chemicals and toxins in carbonated drinks.
"Produce records. Put up for hearing on December 3," a bench of justices K S Radhakrishnan and Dipak Misra said.
The court gave its direction after advocate Prashant Bhushan,
appearing for NGO Centre For Public Interest Litigation (CPIL), alleged
that instead of an expert panel,
another FSSAI panel on labelling and claims/ advertisement considered the grievance of additives in carbonated drinks.
"It should have been done by the expert committee which could
have considered the issue of additives in carbonated beverages. The
issue, however, was considered by a technical committee of FSSAI that is
Scientific Panel on Labelling and Claims /Advertisement...
"It seems that this report was given by the cola industry people
and an assistant director of FSSAI has simply submitted it," Bhushan
alleged and sought a direction to FSSAI to submit the minutes of its
various meetings on the issue.
The apex court had asked FSSAI on February 8, 2011 to set up
independent scientific panels to examine harmful effects of chemicals in
carbonated beverages.
FSSAI panel later passed an order on September 12 after examining
various ingredients of carbonated beverages such as artificial
sweetener, phosphoric, malic and citirc acid, carbon dioxide, colouring
agents, benzoic acid and caffeine.
It said in its order that these ingredients, under prescribed limits, would pose no health hazards.
FSSAI's Scientific Panel On Labelling and Claims / Advertisement,
in its order, said, "The expert group reviewed the scientific studies
and FSS Regulations, 2011 and confirmed the following:
"All ingredients mentioned above are within the levels as
prescribed in the FSS Regulations, 2011 as per the 'Analytical Data on
Carbonated Beverages', produced by FRSL Ghaziabad.
"Based on updated scientific reviews, if these ingredients are
consumed within the prescribed levels, no health hazard would be caused
to humans."
Earlier, senior advocate K Venugopal, appearing for FSSAI, said
the PIL, which was filed in 2004, be disposed of as all the reliefs
claimed by CPIL have been given.
He said the Food Safety and Standards Act, a comprehensive
legislation, came into effect subsequently in 2006 and it took care of
all the issues raised in the plea.
Indian Council of Medical Research (ICMR) also said its study
concluded that no health hazard would be caused if the ingredients are
within prescribed limits.
The PIL, however, had alleged that the ingredients used in
carbonated drinks have "serious deleterious effects on human health" and
no action has been taken to test and assess the risk posed by such
beverages.
It had also sought the constitution of a committee to evaluate
harmful effects of soft drinks and a proper label, giving details of
ingredients, be affixed on them. It had also
sought to regulate "misleading" advertisements targeting children.
Supreme Court seeks FSSAI panels' records of proceedings on soft drinks
NEW DELHI: The
Food Safety and Standards Authority of India
was today asked by the Supreme Court to file "records" of the
proceedings of its various panels, set up on apex court's order, passed
during hearing of a plea on harmful effects of chemicals and toxins in
carbonated drinks.
"Produce records. Put up for hearing on December 3," a bench of justices K S Radhakrishnan and Dipak Misra said.
The court gave its direction after advocate Prashant Bhushan, appearing
for NGO Centre For Public Interest Litigation (CPIL), alleged that
instead of an expert panel, another FSSAI panel on labelling and claims/
advertisement considered the grievance of additives in carbonated
drinks.
"It should have been done by the expert committee which
could have considered the issue of additives in carbonated beverages.
The issue, however, was considered by a technical committee of FSSAI
that is Scientific Panel on Labelling and Claims /Advertisement...
"It seems that this report was given by the cola industry people and an
assistant director of FSSAI has simply submitted it," Bhushan alleged
and sought a direction to FSSAI to submit the minutes of its various
meetings on the issue.
The apex court had asked FSSAI on
February 8, 2011 to set up independent scientific panels to examine
harmful effects of chemicals in carbonated beverages.
FSSAI panel later passed an order on September 12 after examining various ingredients of carbonated
beverages such as artificial sweetener, phosphoric, malic and citirc acid, carbon dioxide, colouring agents, benzoic acid and caffeine.
It said in its order that these ingredients, under prescribed limits, would pose no health hazards.
SC seeks records of food safety panel on soft drinks
SC seeks food safety panel’s records
New Delhi: The Supreme Court on Friday sought
records of a Food Safety and Standards Authority of India's (FSSAI)
committee which said carbonated beverages do not pose health hazard and
there were no benzene residues in the soft drinks.
Justice KS Radhakrishnan and Justice Dipak Misra called for the
records of the FSSAI's technical committee after counsel Prashant
Bhushan said the authority's Sep 12 order was given by its committee on
advertisement and labelling, not by the scientific panel on food
additives. As Bhushan focused on the health hazards of carbonated
beverages, Justice Radhakrishnan observed that the "best course is to
educate people not to consume beverages."
"All cricketers are promoting soft drinks on television," he said.
Assailing the order which was submitted to the court, Bhushan said
the order, issued Sep 12 by FSSAI assistant director Kamal Kumar, was
like affixing the authority's stamp on a report by soft drink
manufacturers.
Bhushan, appearing for petitioner Centre for Public Interest
Litigation, told the court that the order said benzene residue in
carbonated beverages was formed only under certain conditions when
agents like benzoates and ascorbic acid were present together with heat,
ultraviolet light and metallic ion mixture."However, in the absence of
benzoic acid and ascorbic acid together, benezene residues are not
generated (in carbonated beverages)," the order said.
It said that according to studies by Indian Council for Medical
Research, the consumption pattern of the beverages was only 500 ml per
day in a "worst case scenario which do not appear to pose any health
hazard."
The order said Indian Beverage Association had confirmed to the FSSAI
that in India, benzoic and ascorbic acids were not present together in
the beverages.
Seeking the minutes of the technical committee which had a hearing
for eight days, Bhushan asked if the FSSAI had itself done any test to
determine the presence of benzoic acid in carbonated beverages. Bhushan
told the court that the FSSAI was not accepting the findings of its own
lab in Ghaziabad.
Senior counsel KK Venugopal, who appeared for one of the respondents,
told the court that all the prayers made by the petitioner NGO have
been satisfied after the union government enacted a law comprehensively
addressing the issues raised in the petition. He told the court that it
was nearly eight years since the court was seized of the matter.
Additional Solicitor General P.P. Malhotra, who appeared for the
government, said the technical committee was authorised to look into the
additives. He said Bhushan had appeared before the committee on five
occasions but had never raised this objection.
However, Justice
Radhakrishnan said the issue raised by Bhushan was serious and called
for the records of the meetings of the committee.