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Synopsis

While responding to alarming instances of expired food products being repackaged and sold in markets, the Delhi High Court recently took suo motu cognizance, initiating a public interest litigation (PIL) on the matter.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora on January 8 sought responses from the Central government, the Delhi government, the Food Safety and Standards Authority of India (FSSAI), and the Delhi Police on the matter.

The court has directed the concerned authorities to submit their replies by February 8, the next scheduled hearing for the case.

Additionally, the bench has appointed Advocate Shwetasree Mazumdar as an amicus curiae to provide expert insights into the matter.

The suo motu PIL gained momentum after Justice Prathiba M Singh, a single judge, referred the issue to the Acting Chief Justice, highlighting its gravity and relevance to public health. The reference was made during the course of a suit filed by Hershey’s, a prominent chocolate company, seeking to restrain counterfeiters engaged in rebranding and selling Hershey's products, often beyond their expiry dates.

Justice Singh, in her examination of the suit, identified a concerning pattern involving the re-packaging and re-branding of expired products with new expiry dates. She emphasized that the situation presented a significant risk to public health, prompting her to order a detailed investigation by the Delhi Police.

The high court's suo motu PIL seeks to address the broader issue of the sale of expired food products, with a focus on systemic challenges and potential lapses in regulatory oversight.

The involvement of multiple stakeholders, including government bodies and law enforcement agencies, underscores the gravity of the matter and its implications for public health and safety.

Case Title: Court on its own motion v. Atul Jalan Trading as Akshat Online Traders and Ors.