Honble SINGH, J.–The petitioners claim that the carbonated drinks manufactured by PepsiCo and Coca-Cola are contaminated and laced with pesticides, which are dangerous to human life. The petitioners seek a ban on their sale and use by the public at large. It is also the case of the petitioners that the drinks manufactured by these companies contain suspended impurities. In order to substantiate their point they had presented before us few bottles of soft drinks alleged to have been manufactured by PepsiCo and Coca-Cola, which on ocular examination show presence of foreign material. But that we need to ignore because the issue cannot be conclusively determined in the absence of the evidence of an expert. It has been argued in these petitions by the learned counsel for the petitioners that the manufactures ought to make a complete and full disclosure of the composition and contents of their products including the presence, if any, of the pesticides and chemicals therein, so that the consumers can make an informed choice before buying, selecting and consuming the products.

(2). The learned counsel for the respondent companies submitted that the companies are not required under law, to disclose the presence or absence of pesticides in their products. It is also submitted that the products contain 90% water, 9.0% sugar and 0. 1% preservatives. According to them in case water contains pesticides, they cannot be blamed for it. It is claimed and asserted by them that the water used for manufacturing the soft drinks by them is subjected to reverse osmosis process and certain other scientific procedures. This is being done to purify the water. It was also argued that their products meet the European standards of quality and purity.

(3). They submitted that it is not relevant to divulge information with regard to the presence or absence of DDT from the beverages. They wondered as to how the information would be relevant or material or of any significance to the consumers. Both the counsel for Coca-Cola and PepsiCo submitted that small traces of DDT and other pesticides are not harmful to the health of the consumers. It was contended on behalf of PepsiCo that the water used for manufacturing carbonated beverages by the company in the State of Rajasthan is drawn from deep wells with a view to obviate mixing of any undesirable element or chemical in it.

(4). We have considered the submissions of the learned counsel for the parties.

(5). On August 5, 2003, the Director, Centre for Science and Environment (for short `CSE) an NGO based in Delhi, made public a report of the analysis of pesticide residues in soft drinks. Both electronic and print media covered this report prominently. In the report it was stated that CSE found pesticide residues in the samples of twelves soft drink brands procured by it from open market in Delhi. As per the report of the CSE, thirty-six samples of twelve different brands of the aforesaid soft drinks were tested, from which it was concluded as follows:-

``Out of the 16 organochlorines, 12 organophosphorus and 4 synthetic pyrethroides analysed soft drink samples. Lindane, DDT and its metabolites, Malathion and Chlorpyrifos were most commonly found in 36 soft drink samples tested.

Lindane (Hexachlorocyclohexane), a potent carcinogen was detected in 100% of the samples analysed.

The average concentration detected in all the samples were 0. 0021 mg/L, which is 21 times higher than the EEC limit for individual pesticides. Lindane is the most toxic of all the isomers of HCH and has powerful insecticidal properties and is used for the control of insects of field crops and pests in houses.

DDT (dichlorodiphenyltrichloroethane) was detected in 81% of the samples analysed. The average concentration of total DDT (DDT+DDD+DDE) in all the samples was 0.0015 mg/L, which is 15 times higher tan the EEC limit.

Chlorpyrifos, a suspected neuroterratogen was detected in 100% of the 36 samples analysed with an average concentration of 0. 0042

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