Veerendra Kumar, Member of Parliament from Kerala presents an open letter questioning the government's position vis-a-vis Coke and Pepsi, the content in their beverages and policies relating to them.

Sir,

It is reported that you propose to initiate legal proceedings against Ms. Sunita Narain of the Centre for Science and Environment, New Delhi, on her charge of your 'colluding' with cola companies. It is quite unfortunate that you would resort to such legal redress against a person, whom you have otherwise described as, "…a good friend" as well as having paid a compliment to her in the Lok Sabha on this 22nd, I quote, "...for bringing up this issue not only for the general public of the country but for the Government also", during the question and answer session on the cola issue.

In the same vein on this subject, I value your professional opinion as a qualified doctor, that "…colas and junk food were a major problem in the country. Pesticides was a short-term issue compared to the major health issues connected with colas and junk food." - (The Hindu of August 24, 2006). You will allow me to quote again from your answer given in the Parliament on this 22nd: "The health is the larger issue. I would like to inform the house that in future, we are going to have a lot of problems on the health issue due to all the junk foods including the carbonated drinks. Today the health studies are there which say that these so called drinks cause obesity in children, lead to diabetes, dental problems and bone problems which lead to fracture. These are some of the issues where there have been global studies."

Confronted with the evidence that obesity among urban children having assumed proportions of an epidemic, doubling from hardly 7% a few years back to 15% now, shouldn't the Government ask the cola companies to reveal the types of synthetic sugar used, and in what quantities? All the more so since no less a person than the Chairman of PepsiCo India has admitted that they "never targeted school children for sale of its drinks" – (The Hindu of August 19, 2006). Does the Government need more proof than this admission itself, for the zero nutritive value of soft drinks? We also appreciate that you are on record exhorting film stars not to endorse colas because of the hazards of sugar in soft drinks – I quote you again "I have been saying for some time now that film stars should stop promoting soft drinks. Health of children is affected by junk food and soft drinks consumption" - (The Pioneer of August 5, 2006). I justifiably assume that this also reveals your professional concern how such celebrity endorsement can induce children into consuming colas? If our children are to grow up healthy by overcoming the lure of cola companies, drastic steps have to be taken. I feel there should be a ban on soft drink advertising like in the case of cigarettes, and a statutory warning that these products are harmful to health be prominently displayed on these brands?

Obesity, as you would be aware is directly linked to the intake of sugar. The manufacturers of colas themselves admit that the average 300 ml bottle contains about 25-30 gms of sugar or 7-8 teaspoons. It is highly unlikely that any individual would consume such a quantity of sugar in a single helping, and more than once every day. Further World Health Organisation recommends that sugar intake be restricted to 10% of daily calorific intake - about 200 kcal on a diet of 2000 kcal. Since1 gm of sugar is equivalent to 4 kcal, any person consuming 2 bottles of colas would be exceeding the daily quota, permitting no sugar intake from other sources. Researchers at the Bournemouth Diabetes & Endocrine Centre, U K have found that habitual consumers of carbonated drinks among children, are more likely to gain weight compared to those who had water or fruit juice. Here may I point out that setting acceptable standards for sugar at existing levels, would be lending legitimacy to the unacceptable.

You must surely be aware that the sugar referred earlier is high fructose corn syrup (HFCS). Studies have proved that fructose diets have 31% more triglycerides than sucrose diets. According to P.A. Mayes, a University of London scientist, Fructose also lowers the rate of fatty acid oxidation. Long-term absorption of fructose causes VLDL (bad cholesterol) formation leading to triglyceridemia (high amount of triglycerides in the blood) decreased glucose tolerance, and hyper insulinemia (too much insulin in the blood). Already the NHS in UK is in tatters in the matter of treating obesity. India cannot afford these high social costs of the health impact of a fructose diet. Is this not relevant when we know that India has the highest incidence of diabetes in the world? What is the recommended daily allowance of sugar in India? The issue of health risks of HFCS and health risks of GM foods, if the corn used is GM corn, has not been addressed. Should this not be an area of concern?

On the issue of pesticides, the contention of the expert committee, that the pesticide Malathion cannot be present in the acidic medium of soft drinks since it would dissolve, is extremely strange. Common sense would dictate that any drink powerful enough to dissolve a toxic pesticide should be banned on that very ground itself. Instead of seeking a clarification of the manufacturers of colas as to the highly acidic nature of the beverages, it is turned into a defense on behalf of colas.

Equally ridiculous is the contention of the expert committee that Heptachlor cannot be present since it was banned in 1996. Since the Joint Parliamentary Committee report of 2003 itself had endorsed the presence of this pesticide in colas as per the earlier study of the CSE, shouldn't an explanation be sought from the companies as to the continued presence of this pesticide? Instead this is also used to indict CSE's latest findings. Moreover, wouldn't you be aware of the extremely long life these pesticides enjoy in the soil?

I believe that overriding the issue of pesticide contamination to which the whole debate is now restricted, is the paramount one of the other ingredients in colas and soft drinks, apart from sugar, which through design or accident has been ignored. I refer to caffeine, phosphoric acid and ethylene glycol, the deleterious effects of which have been revealed by the studies conducted by respected bodies and individuals like Johns Hopkins Medicine (commissioned by the National Institute on Drug Abuse, USA), the Norwegian University of Science and Technology, Trondheim, Dr. Leonard Sax MD PhD, and Agency for Toxic Substances and Disease Registry (ATSDR).

You must be aware that caffeine is highly addictive. How do you react to research findings that despite the claims of manufacturers, caffeine cannot be detected as a flavour in drinks, but is added solely to induce addiction? Similarly what is your response to the fact that caffeine causes insomnia, nervousness, anxiety, irritability, and deviations from normal heart beat rate, apart from osteoporosis and that during pregnancy, caffeine intake causes foetal growth retardation, miscarriages and congenital malformations? Will you accept that phosphoric acid, which makes these drinks highly acidic, disrupts the calcium-phosphorus ratio, leading to dissolving of calcium from bones? To quote from the Joint Parliament Committee, constituted in 2003 with Shri Shard Pawar as chairperson, report on the harmful effects of acids in soft drinks on the human body, " Dentists around the world are reporting complete loss of the enamel on the front teeth in teen aged boys and girls, who habitually drink soft drinks." Sir, as a doctor could you verify whether dietary phosphorus is toxic to children and girls? Ethylene Glycol is the anti-freeze used to allow soft drinks to cool well below zero degree without allowing them to freeze. What is your stand when research has established that it causes central nervous system depression, vomiting, hypertension, respiratory failure, convulsions and renal damage? Can you deny that consumption of extra chilled drinks will harm the teeth and throat?

Apart from the above, are you aware of the specific chemical additives being used as colouring and flavouring agents and as preservatives in soft drinks? If so, can you reveal the chemicals and their quantities? If not have you taken any steps to make the companies disclose these or whether any studies have been conducted to determine them and their bearing on health? Are you aware that a chemical sweetener called Aspartame, used in zero calorie soft drinks, is neurotoxic by nature?

Another aspect not touched upon so far and especially relevant in our tropical climate, is the formation of toxic substances by the chemical reaction between ingredients in colas, when stored at high temperatures over long periods. I quote, "Levels of more than 10 parts per billion (of benzene) have led to product recalls of Perrier water and Coca-Cola, according to lawyer Ross Getman, an advocate against the sale of soft drinks in schools. Benzene can form when preservatives called benzoates combine with acids such as citric or ascorbic acid in the drinks. The chemical is most likely to form when stored at high temperature for long periods, the FDA said." - (Arkansas Democrat-Gazette of August 26, 2006).

Sir, will you reassure the people that formation of the carcinogenic benzene is not a danger in the sweltering heat of our summer?

A most specious argument is that 'we are safe because others are more unsafe', now being parroted by many responsible persons, who should know better. Conceding for argument's sake cola's contention that the raw material they use is contaminated, what prevents them from cleansing these through the manufacturing process? Does the fact that such practices are being adopted by these companies for their products in the West and not done here, imply that we in the Third World are lesser beings who deserve nothing better than impurities? Breast milk, milk, vegetables and fruits have nutritive value far in excess of contaminants. With colas and soft drinks there is absolutely no such redeeming feature, instead what we get is double toxicity or pesticide plus, with zero nutritive value. As seen earlier, the top honcho of a cola company himself does not lay any claim to the beneficial value of their drinks.

Worse than this, they brazenly cover up distribution of unhygienic beverages through appeasement of vendors who are supplied such unpotable stuff. May I quote, "MNC soft drinks maker Coca-Cola regularly pays off its vendors to keep quiet when substances such as tobacco pouches, dirt and fungus show up in its beverages, classified documents of the company's marketing arm reveal. A confidential memo and correspondences between officials of Hindustan Coca- Cola Marketing Company in ToI's possession suggests that such substances are frequently found in its products and the practice of giving complimentary products to vendors is routine. The December 2005 memo lists 17 shops and restaurants across the city (Mumbai) that returned soft drinks such as Coke, Limca, Thums Up and Maaza because they contained stuff like dirt, thermocol, tobacco pouches, fungus and, on at least one occasion, a blade. The company compensated them with several crates of products worth thousands of rupees" – (Times of India of May 2, 2006). Sir, how can you defend a company resorting to such blatant unfair trade practices against CSE, an ISO 9001 certified institution and winner of the prestigious Stockholm Water Prize 2005 ?

I would like to portray the whole issue against the wider political canvas. Sir, in a democracy, the people are paramount. The parliament represents the will of the people. JPC constituted by the parliament to study this issue had endorsed CSE's scientific analysis and directed that final standards be set, to regulate these products in the interests of public health. After the JPC report, Bureau of Indian Standard's committee on food and drinks met over twenty times and finalised standards, further reconfirmed in Delhi in March 2006. Despite this, these regulations have not been notified. Similarly, the Rajasthan High court order to carbonated and soft drinks manufacturers to disclose the composition and contents of their products, including pesticides and chemicals, if any, on the container, is yet to be implemented. Isn't it the right of the consumers to know the ingredients in any of the foods that they consume, as in the West? These instances of non-compliance of the directives of august institutions of authority raise the larger issue of reaffirming the potency and credibility of democratic institutions vis-à-vis corporate interests. If cola companies are not forthcoming with disclosures should they not be arraigned under the due process of law?

The following related instances also reveal their contempt of even our elected Governments. You have quoted the results from a Gujarat laboratory and and Mysore's Central Food Laboratory, in your reply to members of the Lok Sabha on this 22nd, which indicated pesticide levels in colas below statutory limits, but what about the adverse findings from West Bengal? A study by the West Bengal State Water Investigation Directorate (SWID) found levels of the highly carcinogenic Lindane (causes breast cancer, chronic hepatitis and cirrhosis), the neurotoxic Chlorpyriphos (used against termites and cockroaches in homes and hotels) and Heptachlor (carcinogen, ranked as one of the most hazardous compounds – among worst 10% - to ecosystems and human health ) much above permissible limits, according to the Hindustan Times of August 19, 2006. The Minister for Water Resources, Nandagopal Bhattacharya demanded an immediate ban on the cola products. "As a cabinet minister I can't divulge these details. Only the chief minister can do so. But I feel these products should be immediately banned," he said. The Minister also informed the Chief Minister that the cola companies had refused to part with samples of their products when SWID officials visited their factories. "We had to collect the samples from the market and test them," he told the chief minister. If this is their arrogance towards authority, would they have any concern for the common man?

The latest instance of their blatant disregard for our laws is the manner in which both Pepsi and Coca-Cola, have run up arrears of Rs. 80 crore as sales tax, payable to the Government of Kerala for the financial years, 2001-02, 2002-03 and 2003-04. They have even managed to secure a legal stay against which the state has now gone in appeal? What would have been the repercussions if one of our local companies were to adopt such an attitude?

We seek a ban of these colas and soft drinks not only on these grounds related to heath, but on the even more cardinal one of the right to livelihood of indigenous peoples, including tribals and adivasis, non-consumers of these drinks. Across India at all the 90 pristine locations where these MNC's exploit the most precious natural resource – water - the water table has dropped, and contaminated by effluents farming has been affected, robbing the livelihood of farmers. The enormous quantity of water that these plants extract for a pittance is then bottled and sold at criminal profit. Once the supply of these aquifers is drained, these companies will close down and shift to newer pastures. Is it not a shame that our Governments, with certain honourable exceptions are more interested in quenching the thirst of these cola companies at the expense of the poor?

Surely you would be aware of the ongoing historic struggle by the adivasis and dalits of Plachimada in the Palghat district of Kerala against the coca-cola plant located there. The water here has been polluted and is unfit for drinking, cooking and even washing, as per various studies, which I had submitted in my deposition before the JPC constituted to study this issue. Moreover, tests conducted by the University of Exeter on the sludge distributed by the cola company as fertitliser to the unsuspecting farmers of Plachimada, found the presence of heavy metals like cadmium and lead, well above permissible limits. Prof. John Henry, leading toxic expert and consultant at St Mary's Hospital in London, warns of ''devastating consequences for those living near areas where this waste has been dumped and for the thousands who depend on crops produced in these (paddy) fields.'' Now a latest report based on a joint survey and analysis by Shri A K (Dunu) Roy of Hazards Centre, Delhi & the non- profit public interest research institution, People's Science Institute, Dehra Dun, of the water collected from 5 open wells and 4 tube wells within the one km vicinity of the plant, has found contamination of water within a 10 km radius, by chromium also. While lead is 5-fold and cadmium 25-fold above tolerance levels, chromium is a shocking 60 times above this limit. Shouldn't the Government immediately demand an explanation from the company on the presence of these toxic metals? Nothing less than stringent punishment for degradation of the environment should be meted out and adequate compensation provided to the affected people.

These are the reasons that made the Kerala Government ban Colas. Is it not because of these hazards that the canteen in our Parliament does not serve Coke and Pepsi? Or is it that the health of MPs, including yours and mine are more precious than those of the people who elect us? I am heartened to note that the enlightened students of our country have also realised the dangers posed by these beverages. Similar has been the response abroad. Coca-Cola has been banned or is in the process of being banned from twenty campuses in the United Kingdom and the United States. Another130 other campuses across the globe are to follow suit, for these reasons as well as unfair labour practices resorted to in third world countries. University of Sussex, University of East Anglia, Oxford University, New York University, City University of New York School of Law, University of Michigan and University of Cologne among others, have taken this bold decision.

I have reserved for the last a matter of the gravest import for our status as a sovereign nation. When the duly elected Government of Kerala enforced a ban on colas, invoking its constitutional right of safeguarding the interests of the people, the Americans had the temerity to warn of repercussions on the investment front. The continued functioning of toxic cola plants becomes the parameter for foreign investment. There was not a single word of protest against this blatant interference in our internal affairs. Sixty years into independence we are yet to grow the spine not to be so subservient to such dictates.

I would like to conclude with an observation. Instead of proposing to send a legal notice to Ms. Sunita Narain of CSE, shouldn't you be sending legal notices to the cola companies, based on the results of the latest CSE study and other international reports referred to earlier? For if what they have revealed is not the truth, what then is the truth about colas? As the Minister for health, shouldn't you act in the interests of our people to bring it to light?

I honestly feel that you owe the nation and the people an explanation, both as the Minister concerned and as a doctor.

Thanking you,

Yours sincerely,

-sd-

- M P Veerendra Kumar, besides currently serving as a Member of Parliament is also a former Union Minister, and a writer.