Criminal prosecution case against Pepsi Co India Dismissed

The Supreme Court of India on 18 November 2010 set aside the criminal prosecution case against Pepsi Co India and its directors. The criminal prosecution case had been filed against Pepsi Co for the presence of pesticide carbofuran in its soft drinks. The court specified that from the year 2009 after the level of insecticide residue for carbonated water was prescribed, the presence of carbofuran to the extent of 0.001 mg per litre shall not be treated as adulterated within the meaning of the Prevention of Food Adulteration Act, 1954.

The Food Inspector of Mobile Vigilance, Kozhikode, in Kerala on 25 October 2006, had purchased 3 two-litre bottles of Pepsi. Upon examination it was found that it contained pesticide residue- Carbofuran to the extent of 0.001 mg per litre. As a result it was treated as adulterated within the meaning of Rule 65 of the Prevention of Food Adulteration Rules, 1955, and Section 2(ia)(h) of the Prevention of Food Adulteration Act, 1954.