Consumer Education and Research Society vs HINDUSTAN CIB A-GEIGY LTD.

IN compliance with the orders passed by this Commission, a detailed affidavit has been filed before this Commission on behalf of the Ministry of Health, Government of INdia explaining the steps taken by them for constituting an Expert Group to go into the question as to whether there are hazards to public health by the use of Flouride beyond any particular level in toothpastes that are marketed in the country. It is averred in the affidavit that on the basis of the recommendations originally made by the Expert Group certain draft rules were published calling for comments from the public and in the light of the representations received concerning the draft rules, the expert group is said to have finalised the draft rules after fully going into the objections and the representation. It is further stated that although in the draft rules there was note of "caution" inserted below paragraph 2 stating that children below 7 years should not be allowed to use Flouride toothpaste, this note was subsequently deleted at the time of finalisation of the rules by the Expert Group since the members of the Expert Group are said to have felt that Flouride in toothpaste is known to prevent ''caries'', which usually start in the age group of 35 years amongst children and if the use of toothpaste by children below the age of 7 years is to be prohibited this beneficial protection against ''caries'' will be denied to them. It was in the light of the recommendations made by the Expert Group after consideration of the representations received in response to the publication of the draft rules that the notification was finalised with the modification deleting the caution note which had originally been incorporated in the draft rules.

SHRI Arjun Pant, learned Advocate for the complainant submitted before us that the Government of India should have been decided to retain the note of caution and that there is no possibility of benefit to children below the age of 7 years by the use of the toothpaste containing Flouride. This is a matter concerning which the petitioner may make a fresh representation to the Government of India and in case that is done we have no doubt that the Government of India would consider such representation unhampered by any decision that has already taken in the matter. The Original Petition will stand disposed of with the above observations. Petition disposed of.