Regional Focus: India

More Turbulence for India’s Aviation Sector

The Indian aviation industry is in turbulence — yet again. For over a week now, the government-owned carrier Air India has been under siege with a section of its pilots on strike. The pilots are agitating over a dispute regarding training, which they say impacts their career advancement prospects adversely. With around 350 pilots reporting sick, Air India has cancelled most of its international flights. It is estimated to be incurring losses to the tune of Rs. 12 crore (US$2.2 million) a day.

Taking swift action, the management derecognized the pilot’s union and has also fired a few of the agitators. The strike has been declared illegal by the Delhi High Court. But the striking pilots have refused to buckle. Meanwhile, Air India’s Executive Pilots Association (EPA) is supporting the agitators, and private airline Jet Airways’ Society for Welfare of Indian Pilots (SWIP) has also asked for the reinstatement of the fired Air India pilots.

This ongoing agitation has only added to the woes of the cash-strapped airline. Just last month, the government cleared a US$5.75 billion bailout for the ailing carrier and is now unwilling to pander to the striking pilots. Talking to a television news channel recently, Ajit Singh, union minister of aviation, noted firmly that the pilots need to consider that Air india “is already on the sick bed and should not go to the ICU [intensive care unit].”

Singh went on to say that all employees and all unions have to co-operate in an effort to make Air India stand on its feet. He warned: “Otherwise it will not stay afloat. They have to realize that if they do not rise above their personal interests, then Air India will sink, and with that all of them will sink.”

Talking to daily newspaper Mint, Craig Jenks, head of Airline/Aircraft Projects Inc., a New York-based air transport consulting and advisory services firm, noted that “the Air India strike reflects a franchisee mentality among pilots, a confidence that they can control outcomes to their advantage without fear of competition. The government has encouraged this through the bailout.”

G.R. Gopinath, founder of Air Deccan, India’s first low-cost airline which was later acquired by Kingfisher Airlines, says that the government “must find the political will to look beyond Air India.” In a column in the daily newspaper Times of India, Gopinath notes: “[The government] must create a vibrant aviation sector and spell out a long term strategic vision for all stakeholders. A robust ecosystem is needed, not individual policies to suit Air India or Jet Airways or Kingfisher Airlines, as has been the case with successive governments.”

Indeed, even as Air India’s problems are compounding by the day, the entire Indian aviation sector is under stress. The rising cost of aviation turbine fuel, service taxes and high airport charges have been affecting almost all airlines adversely. In fact, even as irate passengers were trying to cope with the Air India cancellations, pilots of another beleaguered airline, Kingfisher Airlines, owned by liquor baron Vijay Mallya, decided to go on strike. They were protesting against delayed salaries.

While Mallya has been talking of bringing in foreign investment, industry observers don’t expect it to happen any time soon. They point out that the proposal to allow 49% foreign direct investment (FDI) by foreign airlines is unlikely to be cleared in the current parliamentary session, which will end next week.

Rajesh Chakrabarti, assistant professor of finance at the Indian School of Business, points out that “the current crisis has probably brought to a head what was inevitable at Air India. Its timing with the Kingfisher woes has made things worse for passengers.” According to Chakrabarti, the striking pilots have a valid cause. He notes that while court strictures will force them to resume duties in a few days, it will not be a long-term solution. Says he: “Air India must have a round of serious reorganization in order to be viable. On the other hand, the industry will probably see some inevitable rise in passenger fares to ensure survival, as well as some consolidation.”

According to Jan Zalewski, South Asia analyst, IHS Global Insight, India’s aviation sector is in a paradoxical situation. In a recent report, he notes: “Despite double-digit growth rates of passenger air traffic, five out of six private domestic airlines in India posted huge losses over 2011; this paradoxical situation is partly due to high oil prices and a depreciating rupee, but more importantly the losses are due to the highly restrictive and unfavorable operational environment for domestic airlines in India.” He adds: “Unless the government adopts more favorable aviation policies that would allow airlines to fly domestic routes profitably, there is likely to be a shortfall in capacity by 2020 which would thwart growth in the sector.” Zalewski says that foreign airlines bringing in FDI could help provide domestic airlines with cash flows, but this is unlikely to be a game-changer. “Even if working capital is raised, this would mean that, at best, real financial recovery would occur slowly.”

Posted in Knowledge@Wharton Today | Leave a comment

Dunkin’ Donuts Goes Desi in Delhi

When Starbucks announced that it was coming into India as part of a partnership with the Tata Group, there was a lot of excitement in the country’s coffee shop segment. The first Starbucks outlet is scheduled to open in August. Meanwhile Dunkin’ Donuts, another U.S. coffee and baked goods chain, beat the Seattle-based company to the punch: On May 8, the Canton, Mass.-based Dunkin’ Donuts opened its first restaurant in India, in city center Connaught Place in Delhi. “We are confident that Indian consumers will love our format and our product offering,” says Dev Amritesh, chief operating officer and president of Dunkin’ Donuts India.

Cafes have the potential to become big business in India. The entire restaurant sector is growing rapidly at around 25% annually, according to a National Restaurant Association of India (NRAI) white paper. But the cafe segment is growing faster at 30% to 35%. This is even before the entry of Starbucks and Dunkin’ Donuts, which should catalyze further demand. “Cafes or coffee shops are a relatively recent phenomenon in India,” notes the NRAI paper. “There are more than 1,500 coffee shops in the organized segment, spread all over the country and of which 50% are accounted for by just two companies [Café Coffee Day and Barista].”

Dunkin’ Donuts, however, aims to be more than a coffee shop. Its branding in India is Dunkin’ Donuts & More, a designation that is unique among the 32 countries (10,000 restaurants) where the company currently has a presence. “We believe Dunkin’ Donuts will occupy the sweet spot in between cafés and quick service restaurants, as we offer elements of both,” says Amritesh. “[It has] a great all-day menu of food and a fantastic range of beverages, along with a chilled out, modern and relaxed environment.”

The “& More” in the positioning statement indicates that the company has learned from the experience of other international chains that have previously tried to break in to the Indian market. The world over, Dunkin’ mainly features donuts on its food menu, with a few breakfast options. In India, however, there will be a whole range of sandwiches and a large number of new flavors in donuts — mango and lychee, for instance.

When Kentucky Fried Chicken (KFC) came into the country in 1995, it arrived with an identical menu to what was available elsewhere. Kellogg launched its cold breakfast cornflakes in India, unmindful of the fact that the nation’s consumers preferred their breakfast hot. Kellogg languished for more than a decade. KFC ultimately had to set up shop, in part due to anti-multinational agitation (It has reopened since.)

By contrast, McDonald’s quickly adapted to local palates. It introduced items that fit local palates, like the McAloo Tikki (a potato burger minus meat and even onions). These items are now being added to the fare in other countries. By adding the variety — sandwiches, milkshakes, smoothies and other yet-to-be-decided snacks — Dunkin’ hopes to hit the ground running.

Dunkin’ Donuts comes to India in a joint venture with Jubilant FoodWorks. The Indian partner already has a similar agreement in place with Domino’s Pizza. As of December 2011, the company had a network of 439 Domino’s Pizza stores. Dunkin’ is looking at opening 10 stores in 2012-2013 with another 100 the next year.

The two partnerships complement each other, notes Jubilant chairman Shyam Bhartia. “India is a key strategic market with immense potential for growth in the food service business,” Bhartia said at the launch. “Our team has been working very hard over the past year to come up with a differentiated value proposition and the result has been very gratifying.” Indians are now ready for a new menu and a new lifestyle he said.

Posted in Knowledge@Wharton Today, Marketing, Strategic Management | Leave a comment

Will Cipla’s Latest Move Trigger a New Price War in India’s Pharma Market?

The price war in the Indian pharma market has taken a new turn. Just a few weeks ago, mid-sized Indian firm Natco Pharma took on German multinational Bayer when it was awarded India’s first compulsory license. With this, Natco got the go-ahead to manufacture and sell sorafenib, the generic version of Bayer’s patent-protected renal and liver cancer drug Nexavar. While Bayer’s drug costs a patient around Rs. 280,000 (US$5,200) for a month’s treatment, Natco priced its version at Rs. 8,800 (US$163) per month.

On May 3, another Indian firm, Cipla, slashed prices of its sorafenib drug from Rs. 28,000 (US$519) to Rs. 6,840 (US$126) for a month’s treatment — a 75% reduction in a single move. Cipla has also sharply reduced the price of its lung cancer and brain tumor drugs by around 60% to 75%.

According to Yusuf Hamied, chairman and managing director of Cipla, this price reduction is a humanitarian approach by Cipla to support cancer patients. Talking to business daily The Economic Times, Hamied said: “Yes we are cutting prices; we are being humanitarian. But, at the same time, we are not doing any charity. Doctors in India link the quality of drugs to the price of drugs; we want to remove that misconception.” Cipla, incidentally, is currently contesting a patent infringement suit filed by Bayer over its generic version of Nexavar.

Observers say that Cipla’s expertise in reverse innovation and its economies of scale play a key role in its ability to reduce prices. They see this recent move as being part of Cipla’s strategy to garner a larger share in the growing oncology market in India. “It’s a smart move by Cipla. It will reach many more patients and will also be able to garner a greater market share,” said Anjan Sen, director – health care at Deloitte Touche Tohmatsu India, talking to The Economic Times.

This is not the first time that Cipla has been a price warrior. Some years ago when global pharma companies were selling anti-retroviral drugs for US$10,000 to US$15,000 per patient, per annum, Cipla priced its drugs at around US$350. At that time, Hamied had said: “AIDS is going to be a bigger holocaust in India than an earthquake. We’re not making money, but we are not going to lose money, either.” Cipla’s move compelled other players to lower their prices as well.

Ravinder S. Singha, managing director of FirmLink Pharma, a New Delhi-based pharmaceutical consultancy firm, notes that “this is history repeating…. Cipla’s current step to reduce the prices of its cancer drugs is a replay of what it did with its HIV drugs. Others will have to follow suit.” Singha believes that neither Natco nor Cipla will be incurring any loses at their price points. “This only goes to show how much global multinationals play around with prices,” he adds.

But this time around, it’s not just the global pharma firms that are concerned. Indian firms like Natco, too, have been caught unaware. Natco is expected to launch its version of sorafenib shortly. “As of now, we are sticking to our price of Rs. 8,800, as mentioned in the compulsory license. Over the next couple of days, we will weigh our options and take whatever steps we think are necessary,” says M. Adinarayana, Natco’s company secretary and general manager, legal and corporate affairs.

Adinarayana sees Cipla’s move as a knee-jerk reaction to counter Natco’s low-priced version of Bayer’s Nexavar. He adds, however, that “it is not healthy competition. This price war is going to be embarrassing.”

Singha of FirmLink Pharma points out that the pharmaceutical industry, like any other, is driven purely by business compulsions. “We will see a lot more price wars going ahead,” he says.

Meanwhile, the markets have given a thumbs-up to Cipla’s move. While the broader market plunged 1.87% (or 320 points) on May 4, Cipla was one of the few gainers — up 2.46%. Natco was down by close to 6%.

Posted in Knowledge@Wharton Today | Leave a comment

More Bad News for India’s Finance Minister

On April 25, ratings agency Standard & Poor’s (S&P) downgraded India’s sovereign rating outlook from “stable” to “negative.” It warned that further action was possible if the country did not find a solution for its twin problems of a high fiscal deficit and a widening current account deficit. In lay language, this means that the government is spending too much.

S&P also lowered the rating of 21 banks and companies, including majors such as the State Bank of India, ICICI Bank, Infosys and Wipro. This will make it more expensive for them to raise money.

Indian finance minister Pranab Mukherjee, however, said that the downgrade did not indicate a crisis — and the stock markets shared his opinion. The Bombay Stock Exchange sensitive index (Sensex) had gone down 190 points on the S&P news, but it recovered to end the day only 56 points down.

Meanwhile, other government officials underscored the point that the only solution was to speed up reforms. The opposition parties have successfully stonewalled all attempts to pass relevant reform bills through Parliament. The day after the downgrade, the Asian Development Bank (ADB) made the same point. The S&P rating cut “is a timely warning,” Rajat M. Nag, managing director general of the ADB, told Kolkata-based daily The Telegraph. “Reforms are running into some headwinds.”

On the reform issue, the government has created its own problem. A few days earlier, chief economic advisor Kaushik Basu reportedly told a Washington meeting of the Carnegie Endowment for International Peace that there were unlikely to be major economic reforms in India before the next Parliamentary elections in 2014. Basu later issued a statement claiming that journalists had juxtaposed his comments on Europe in 2014 with the Indian election of 2014. Read Basu’s statement: “This is unfortunate, because the central message of my talk was the possible European crisis of 2014 and India’s major rise thereafter, likely overtaking China.”

The damage, however, was done. Indian industry has been saying for some time that the anti-corruption movement in the country has resulted in a policy paralysis in Delhi; bureaucrats and politicians are afraid of making decisions in case they are accused later of having ulterior motives. Basu’s statement has been highlighted by the opposition as an official admission that this is indeed the case.

There are other problems which are Mukherjee’s own creation, critics note. In the Union budget, he had introduced a capital gains tax on offshore transactions involving Indian assets — but he did it with retroactive effect from 1962. Vodafone and other affected firms are now fighting back. British chancellor of the exchequer George Osborne has met with Mukherjee to lobby for Vodafone. Companies which had their licenses cancelled by the Supreme Court in the telecom scam have also tried to persuade government officials to plead their case with Mukherjee. This includes Norwegian minister of trade and industry Trond Giske: Norway’s public sector Telenor was partner in a joint venture — Uninor — that had its license cancelled. Sistema of Russia has meanwhile sought a solution in the India-Russia bilateral investment treaty.

The Supreme Court had asked the Telecom Regulatory Authority of India (TRAI) to come up with an auction scheme for the cancelled licenses. The TRAI has confounded everybody by setting the floor price at a very high level. Telecom industry players say they will go into the red if they have to pay such prices.

Meanwhile, another budget provision, the General Anti Avoidance Rules (GAAR), is causing other ripple effects. Says economic daily Mint: “GAAR gives sweeping powers to the tax authorities to question any transaction with retrospective effect. Overseas investors say they will have to exit India if the law is implemented.” According to credit rating agency ICRA: “GAAR is adding to the anxiety of foreign investors.” In April, the fund flow from foreign investors turned negative for the first time this year, reflecting the growing negative sentiment.

Posted in Knowledge@Wharton Today | Leave a comment

India Levels Its Education Playing Field

The Supreme Court of India recently gave the green light to the Right of Children to Free and Compulsory Education Act of 2009. Better known as the Right to Education (RTE) Act, it ensures free education for children between the ages of six and 14 who belong to economically weaker segments of society.

The main provision of the RTE directs all schools — including private schools, with the exception of those run by certain religious and linguistic minority groups — to reserve 25% of their seats for students from underprivileged backgrounds in their neighborhoods. Any school that does not comply with the RTE rules will be derecognized by the government. This goes into effect beginning with the 2012-2013 academic year.

The government expects the RTE to provide a level playing field to the vast number of children who are unable to access quality education because of economic and social constraints. According to Kapil Sibal, India’s union minister of human resource development, the RTE “is an attempt at affirmative action and social integration.” In an article in the daily newspaper Times of India, Sibal noted that if the RTE Act is implemented “in the right spirit … [it] could well become a model for the world to emulate.”

But the move has raised concerns among private schools. One issue is around the financing of the scheme. According to the RTE, the government will bear the additional cost incurred by the schools. But it is expected that government grants will only meet part of the expense; the rest of the cost will be passed on to regular fee-paying students. Then there are concerns over creating parity between different levels of education and exposure. There is also a fear that local politicians will use the provisions of the act to pressure schools in order to gain brownie points among voters. In a recent column, T.V. Mohandas Pai, chairman of Manipal Global Education Services, noted: “The RTE will give power to school inspectors for enforcement, creating a source of harassment and corruption.”

Experts also suggest that the act could have an adverse impact on investments in the education sector. Talking to business daily The Economic Times, Manish Sabharwal, chairman of TeamLease Services, said: “Just as government subsidies do not reach those who need it, 25% of the seats will not go to the poor. RTE will not get our kids educated, but [it] declares war on education entrepreneurship.” Added Vishal Jain, president of wealth management at Nadathur Investments: “The idea of RTE is noble, but the implementation is not appropriate.”

Currently, around 90% of schools in India are either directly operated by the government or funded by it. However, it is estimated that 40% of school-going children attend private schools. In contrast, in the U.S. more than 80% of children attend government-run schools. In U.K., the number is over 90%.

Experts say that instead of compelling the non-aided private sector schools to reserve 25% of their seats, the RTE should first focus on improving the quality of education in government schools. Justice K.S. Radhakrishnan, the dissenting judge in the Supreme Court verdict, noted that the government cannot free itself from its obligations by “offloading or outsourcing [them] to private … actors like unaided private educational institutions, or coerce them to act on the state’s dictates.” According to Pai: “The [RTE] is a chimera and gives a perfect excuse to the government to abdicate its responsibility to improve [education] quality.”

Posted in Knowledge@Wharton Today, Law and Public Policy | Leave a comment

For High-skilled Workers, the Visa Race Is On

At the current pace of applications, U.S. visa grants for skilled workers will soon exhaust the existing caps, Wharton experts and others tracking migrant job trends say.

The latest data released today by U.S. Citizenship and Immigration Services (USCIS) show that since the beginning of April — the start of the annual H-1B visa application window, which extends through September — the department has received 30,300 applications for the 2013 fiscal year. That total includes 20,600 H-1B applications counting toward the general 65,000 cap, and 9,700 petitions toward the 20,000 cap for individuals with advanced degrees.

“The prime driver is economic activity picking up in the U.S.,” says Ravi Aron, senior fellow at Wharton’s Mack Center for Technological Innovation and a professor at the Johns Hopkins University Carey Business School. Indian IT services companies are boosting their U.S.-based workforce as American companies increase investments in capital-intensive IT systems, he notes. Indian and Chinese workers have traditionally accounted for the bulk of the demand for H-1B visas, followed by Mexicans and Filipinos.

If the current pace continues, the annual cap on visas could be reached in the next few months, predicts immigration attorney Cyrus Mehta of Cyrus Mehta Associates in New York City. In part, Mehta attributes the growing demand for H-1B visas to increased startup activity in the New York City area, especially in mobile applications and IT security.

U.S. employers “are more confident about hiring again,” according to Laura Danielson, chair of the immigration practice at the Minneapolis, Minn.-based law firm Fredrikson & Byron, which specializes in representing Chinese entrepreneurs and employees. H-1B demand is surging among her clientele in the medical devices, automotive, biotechnology and IT industries, she says, adding that employers looking for skills in the STEM professions (science, technology, engineering and mathematics) often find them among Chinese professionals.

The IT industry is still “the greatest mover,” notes USCIS press secretary Christopher Bentley. U.S. employers are “requiring workers from India and China in greater proportions.” However, the current spike in H-1B visa applications is not as high as it has been in earlier years, according to USCIS spokesman William Wright. In 2008 and 2009, the H-1B visa cap was reached in the first week of the application season. Visas for those with “advanced degrees” were exhausted in the first week in 2008, and within a month in 2009.

Mehta points out that some of the current demand could be spillover from a recent rash of controversial denials of L1B visas (for specialized knowledge workers) by the consulate in Chennai, India. According to both Mehta and Danielson, the U.S. government must raise the H-1B visa caps in order to compete effectively with other countries. “Studies have repeatedly confirmed that many of these immigrant professionals will go on — in greater numbers than our American work force — to develop patents, create businesses and provide a net job growth to our economy,” Danielson notes.

Posted in Knowledge@Wharton Today | Leave a comment

After a Poor Outlook, Infosys Seeks Ways to Dump the Slump

Infosys has always been one of the most watched companies on the Indian stock markets. When the company’s annual unaudited earnings results are announced at its headquarters in Bangalore, TV crews and journalists from all over the world often fight over the placement of cameras and the right to ask questions.

When the 2011-2012 results were unveiled on Friday, there was a sense of disbelief. Infosys is accustomed to under-promising and over-delivering: This time, it was just the opposite. Against a fourth quarter (January-March) revenue guidance of $1,810 million, the company achieved only $1,771 million. This was a 1.9% drop sequentially. Net income after tax was $463 million, a tepid quarter-on-quarter growth of 1.1%. The Bombay Stock Exchange Sensitive Index (Sensex) fell 238 points (1.37%) and Infosys itself was down Rs. 346.75 (around US$7) or 12.61% following the announcement. “We will be lowering our estimates and target price for the stock,” says Rajat Rajgarhia, director of research at Motilal Oswal Financial Services.

Other metrics are looking similarly dismal. The company’s guidance for 2012-2013 is for growth between 8%-10%, below the National Association of Software and Service Companies’ (Nasscom) industry growth projection of 11%-14%. Tata Consultancy Services (TCS), India’s largest IT firm, is due to announce its results on April 23. Its guidance is projected to be better. According to a report by Enam Securities, Tata management will be “comfortable with a ‘mid-teens’ revenue growth in 2012-2013.”

Probably more pertinent to Infosys is the fact that Teaneck, N.J.-based Cognizant, which displaced Wipro as India’s third-largest IT firm last year, is potentially in a position to unseat Infosys from the number two spot. Cognizant has been growing at around 40% and expects to maintain at least 30% growth levels going forward. India’s IT industry is a cutthroat place and image matters: If investors start deserting Infosys, its share price would likely decline further and analysts may downgrade the company, which could impact acquisition and retention of clients.

Infosys officials say the firm missed the guidance due to volatility in the market. “Never before have we seen such high volatility in clients’ spending decisions,” chief financial officer V. Balakrishnan says. “Things can change by the day. This is the new normal.” Infosys CEO S.D. Shibulal echoed Balakrishnan’s comments. “We are executing on our Infosys 3.0 strategy, which is meant to deliver high-quality growth in the medium to long term,” Shibulal notes. “We are making investments and have put in place a structure to deliver on this strategy.”

In another negative indicator, Infosys has frozen salary hikes this quarter. The company had recruited 45,000 people in 2011-2012, but the target for this year is lower at 35,000. But this is not as big a drop as it seems. Last year, 25,826 employees quit the company so the net addition was only 19,174. Infosys officials say that the departures were mainly in its business process outsourcing (BPO) arm, where attrition rates are very high across the industry. At TCS, meanwhile, the gross hiring target for 2012-2013 is 66,000, according to Enam Securities.

The earnings news has raised some questions about management and corporate governance at the company. On the positive side, the Infosys has inducted senior banker and ICICI Bank stalwart K.V. Kamath as non-executive chairman. The public face of the company for many years — N.R. Narayana Murthy — continues as chairman emeritus.

Infosys was set up in 1981 by seven entrepreneurs led by Narayana Murthy, who was CEO of the company for 21 years until he stepped down in 2002. He was succeeded by Nandan Nilekani, one of the original seven. Two of the co-founders left along the way. Another one retired last year. Two others — S. Gopalakrishnan and current incumbent Shibulal — have followed Nilekani to the CEO seat. When the going was good, nobody questioned this arrangement. Now that things are turning a trifle sour, some observers are wondering whether all of the founders — or even four of the seven — were really qualified to lead. Kamath, whose mandate is to look into such HR issues, will be charged with finding an answer.

Posted in Finance and Investment, Knowledge@Wharton Today, Strategic Management | Leave a comment

India NGO Study Takes Aim at U.S. Snack Food Brands

As schools in America gear up for a nutritional overhaul of their meals, thanks in part to a campaign by First Lady Michelle Obama, a new study by the Centre for Science and Environment (CSE) is urging schools in India to ban junk food within their premises.

CSE, a New Delhi-based non-governmental organization, recently tested 16 major brands of foods — including some from leading multinationals like Nestle, PepsiCo, McDonald’s and KFC (firms that have also come under fire from U.S. groups working to curb childhood obesity and promote healthier diets.) The study, “Nutritional Analysis of Junk Food,” is aimed at making Indians aware of what popular food items really contain and how they impact one’s health.

According to CSE, most of the brands tested contain very high levels of trans fats, salt and sugar. The study points out that the levels are far higher than the recommended amounts. (The National Institute of Nutrition and the World Health Organization have set certain benchmarks of how much salt, sugar, carbohydrates and fats every individual can have on a daily basis to stay healthy.) The CSE study further notes that many companies resort to large-scale misbranding and misinformation.

For instance, while Indo Nissin’s Top Ramen Super Noodles (masala flavor) claim zero trans fats, the CSE study found the product had 0.7 grams of trans fats per 100 grams. The CSE study also reported that a 100-gram package of PepsiCo’s Lays potato chips contained 3.7 grams of trans fats, although the company says it contains none. An 80-gram package of Maggi noodles has over 3.5 grams of salt. This is more than 60% of the daily recommended amount, but salt does not feature at all in the product’s nutritional label.

Chandra Bhushan, deputy director general of CSE, says that “the food-related laws in India are inadequate.” He notes that “while what the companies are doing may not be illegal, it is definitely unethical.” Bhushan adds that when PepsiCo began cooking some of its Lays products in rice bran oil, which is a healthier cooking medium, the firm heavily advertised the change, adding the “Snack Smart” label to those items. But when the firm recently switched over to palm oil, it quietly removed the label. “It amounts to misleading the consumers,” Bhushan states. (PepsiCo CEO Indra Nooyi has recently faced some criticism over the flat earnings and waning customer interest that followed her efforts to introduce wholesome offerings into the company’s line of sugary beverages and snacks.)

The mismatches in nutritional information listed on products sold in India versus what is available elsewhere is yet another of CSE’s concerns. “We have very clear evidence that the nutritional information shared in India and the U.S. for unpackaged junk foods is very different,” Bhushan says. “McDonald’s, for instance, gives information on 22 nutritional attributes on its website [in the U.S., while its Indian counterpart provides information only on six nutritional attributes. Unlike in the U.S., it provides no information on the trans fats. KFC’s American website also provides information on 12 nutritional attributes, including the serving size, types of fats (including trans fats), and fibers. But its Indian website gives nutritional information on only four attributes."

According to Bhushan, the information provided by the companies in India is meaningless since they decide the serving size arbitrarily. He proposes mandatory labeling that also provides data for serving size, trans fats, saturated fats, sugar and salt.

Meanwhile, the companies studied in the CSE report have refuted the allegations. According to a PepsiCo India spokesperson, "[The CSE report] is contrary to the consistent test reports we have, which indicate the trans fats to be well within the regulatory norms for making a claim of ‘trans fat free.’” PepsiCo, in fact, goes as far as to say that “all food products manufactured by PepsiCo India are trans fat free.” According to the company’s official statement, “Trans fat is produced during the hydrogenation of vegetable oils. Since the launch of our business in India, we have not used hydrogenated vegetable oils to manufacture our food products, and therefore none of them contain trans fat.”

According to a spokesperson for Nestlé India spokesperson, “Nestlé packs in India carry the nutritional compass that helps consumers understand nutrition. Nestlé in India, as in other parts of the world, fully complies with legislation and regulations.”

Posted in Knowledge@Wharton Today, Law and Public Policy, Marketing | Tagged , , , , | Leave a comment