The state government has sought a stay of the Kerala High Court judgement, which had held that the state had no power to issue orders for banning the soft drinks under the Prevention of Food Adulteration Act and Rules.
In a special leave petition against the September 22 verdict of high court, Kerala government contended the permission given to the two soft drink companies to produce and sell beverages amounted to manufacture and marketing of adulterated food prohibited under the Act.
The state government by its August 10 order had temporarily banned the manufacture and sale of colas on the basis of a report of Delhi-based NGO Centre for Science and Environment, which said the colas of the two companies contained pesticides much above the prescribed standards.
The Kerala government has contended that the observation contained in the high court judgement had no relevance for considering the ban.
The High Court had delivered its verdict after both Pepsi and Coca Cola challenged the state government decision.
