Taking the fizz out: Supreme Court directs colas must be of higher standard

The going just got tougher for carbonated soft drinks. Expressing serious concern over the harmful effects of such drinks on the health of citizens, the Supreme Court on Tuesday ordered periodic checks of all facilities manufacturing them.



"The Food Safety and Standards Authority of India (FSSAI) is to monitor and conduct periodic checks of all carbonated soft drinks as the issue relates to citizens' fundamental right to life guaranteed under the Constitution," said a bench of Justices K.S. Radhakrishnan and A.K. Sikri.



The FSSAI has been directed to evaluate the harmful effects of soft drinks on human health and to ensure that all beverages have labels detailing their ingredients, including levels of added chemicals.



The FSSAI has been directed to evaluate the harmful effects of soft drinks on human health

The bench upheld the contention of petitioner Prashant Bhushan who argued the case for NGO Centre for Public Interest Litigation that ingredients of carbonated drinks have serious deleterious effects on human health and no action is being taken to test and assess the risk posed by such beverages.



Soft drink major Pepsi's counsel had opposed the PIL, saying the Food Safety and Standards Act aimed at regulating the standards of beverages was sufficient and all the regulations were in place. The court had on February 8, 2011 asked FSSAI to reconstitute independent scientific panels to look into the harmful effects of chemicals in carbonated beverages.

FSSAI had passed an order after examining various ingredients of carbonated beverages such as artificial sweeteners, phosphoric, malic and citric acids, carbon dioxide, colouring agents, benzoic acid and caffeine.



FSSAI's panel had said these ingredients, under prescribed limits, would pose no health hazards.



The essential problem with colas is the high sugar content. Each 330 ml cola bottle contains about 8-9 teaspoons of sugar, a primary cause of obesity among children and adults. The central problem of obesity leads to other auxiliary issues like heart problems.



While diet sodas might not have any sugar or calories, they are known to increase appetite and just like regular colas, also contain some caffeine. Besides, the high sugar and caffeine content, soft drinks have high phosphate content and virtually no calcium. Soft drinks are the single greatest source of caffeine in children's diets.



For anyone over age 40, soft drinks can be especially hazardous because the kidneys are less able to excrete excess phosphorus, causing depletion of vital calcium. Says well-known nutritionist Dr Ishi Khosla: "Colas have a destructive effect on one's health essentially because of the high sugar content. Each 330 ml of a serving of a cola contains about eight to nine teaspoons of sugar, a primary cause of obesity among children and adults alike.

Each additional serving of cola increases the chances of obesity by 60 percent. Besides, the calories in cola are all empty calories and provide no nutrition but only chemicals. The caffeine content in colas, though minimal, also makes them addictive."

Dr Sunita Roychoudhary of Rockland Hospital concurred. "High sugar content in colas, empty calories and the bicarbonate used to make it fizzy affect the natural balance of the stomach and blood.



The chemicals used for colour affect the liver and digestive system," she said.



During the arguments in the court, the FSSAI said if the levels of chemical ingredients are kept under prescribed limits, no health hazard is posed.



"The expert group reviewed the scientific studies and Food Safety Standards (FSS) Regulations, 2011 and confirmed the following. Based on updated scientific reviews, if these ingredients are consumed within the prescribed levels, no health hazard would be caused in humans," FSSAI said.



The authority had earlier said all reliefs claimed by the petitioners had been satisfied. But the court was not satisfied and asked the FSSAI to conduct more research on the "crucial issue affecting the health of citizens".

