This is an article written in Indian Express on 21/08/2003
Chennai, Aug 20: Much before the centre for science and environment (CSE) came out with "toxic" findings; closer home, the then kancheepuram district revenue officer (DRO),U Sagayam,had ordered suspension of production at PepsiCo's Mamandur Plant "to prevent imminent health hazard".
The closure order dated November,24,1999,a copy of which is available with this paper,was passed after a test found the contents of 7Up, a popular PepsiCo product,sold in the region adulterated
PepsiCo holding India limited went in appeal to the Madras High Court which allowed reopening of the unit on certain conditions.The company fulfilled these and resumed production
But the story behind the closure order makes interesting reading. the DRO had conclude in his enquiry report :"It is prudent to stop the production and sale of PepsiCo product to avert a probable health hazard and injury to the (health of) public.Such action may result in pecuniary loss to the respondents. But it is fact that the rights of the consuming public supersede the rights of few traders."
The enquiry was conducted in September,October and November 1999 on a complaint from the Kanchipuram Consumers' Welfare Protection Association that 7Up bottles purchased from shops in the district contained foreign substances.
The district authorities raid a few shops and a godown and lifted samples at random and found white solids and dirts in the bottles.The godown was sealed but the HC stayed the enquiry.subsequently,the court lifted the stay and the probe resumed.
Samples of 7Up were then sent to the Food Analysis Laboratory at the King Institute,Chennai.A government analyst who conducted the tests in September, 1999,noted :"The samples contains visible yellow coloured organic foreign matter.The presence of visible sediment of organic foreign matter renders the drink unwholesome and hence the sample as such is not fit for use. As per Section 2(ia) (a) (b) (f) of the Prevention of Food Adulteration Act,1954,the above sample is adulterated."
During the enquiry, both PepsiCo and its authorised dealer Susee Corporation contended that the samples lifted were spurious.The DRO rejected the contention citing the evidence rom the Deputy Superintendent of Police,who said no complaints had been lodged about the circulation of spurious softdrinks in the region.
"They (PepsiCo and Susee Corporation) were not in a position to prove their stand with valid, convincing and clinching evidence,'the RDO stated.
Coming down heavily on PepsiCo,the report stated,"...they have no defence to put forth and they are also not serious to set right the problem which is likely to cause great health hazard to the members of the public consuming soft drinks in a large scale. There is something seriously wrong in their production process."
The DRO also expressed concern that gullible customers were taken in by cine stars and cricketers who were PepsiCo's brand ambassadors.As a result. "the genuine cry for quality and stands in its product is suppressed and silenced by such louder and noisy advertisements".
The report also noted that even the slightest deviation in the standards
precribed would not be tolerated in the West. Genuinely apprehending that "wide consumption of the said soft drinks is likely to cause immediately and serious health hazards," the DRO ordered the "immediate closure of the production unit at Mamandur and sale of the PepsiCo items until satisfactory analysis reports are obtained from the Food Analysis Laboratory,Chennai and Central Food Laboratories at Mysore and Uttar Pradesh."
