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Synopsis

The Delhi High Court, on Thursday, instructed a social media user from Noida to remove posts that alleged the presence of a centipede in an Amul ice cream tub. The court granted interim ex-parte relief to the Gujarat Cooperative Milk Marketing Federation after the user did not appear for court proceedings and declined to submit the product for testing.

The bench of Justice Manmeet PS Arora held, “The non-appearance of defendants nos. 1 and 2 evidences their unwillingness to participate in the forensic examination and verification of their claims of the dead insect made in the social media posts uploaded on 15.06.2024… The balance of convenience at this stage, therefore lies in favour of plaintiff and against the defendant nos. 1 and 2”. 

Gujarat Cooperative Milk Marketing Federation (GCMMF) filed a suit against a social media user, Deepa Devi, who allegedly posted a picture claiming to have found a centipede in an Amul ice cream tub received via an instant delivery app. The same was also covered by PTI in a news story. 

Senior Advocate Sunil Dalal, representing GCMMF, notified the court that Deepa Devi was served personally on her email addresses, as well as on WhatsApp at their known mobile number. 

Senior Advocate Dalal contended that GCMMF implemented rigorous quality checks at every stage, from sourcing raw milk to manufacturing ice cream at their state-of-the-art ISO-certified facilities, and through to loading finished products in specially designed, temperature-controlled refrigerated vans. He asserted that these stringent checks ensure that no physical, bacterial, or chemical contamination occurs and that each product meets the standards set by the Food Safety and Standards Authority of India (FSSAI). He further argued that the inspection is meticulously conducted throughout, from milking to packaging and loading, ensuring the impossibility of any foreign substance, including insects, being present in an AMUL ice cream tub packed at the facility.

Senior Advocate Sunil Dalal further noted that the social media user neither lodged any formal complaint nor submitted the product in question for investigation. Furthermore, their refusal to cooperate with testing and failure to appear before the court despite being served shows that claims were made with malafide intentions.

The court, in an order dated July 1, 2024, had granted an opportunity to the social media user to present their case. However, the social media user did not appear in court. The court further noted that the social media user also allegedly refused to hand over an ice cream tub to the GCMMF for investigation.

The court, in the recent session, opined that the deliberate non-appearance of the social media user along with the examination of the facts presented in the plaint and the evidence submitted, indicated that GCMMF established a prima facie case for interim orders. The failure to appear suggests the user’s reluctance to participate in the forensic examination and verification of their claims regarding a deceased insect mentioned in their social media posts. 

Accordingly, the court passed the following directions while listing the matter for July 22, 2024:
a) The social media user was directed to promptly remove the impugned social media post on X (formerly Twitter) account within three days of the issuance of this order. 
b) The user was prohibited from posting or uploading similar content on this account or any other social media platform (including Facebook, Instagram, and YouTube) until further notice. 
c) The user was restrained from publishing or causing to publish any content related to the GCMMF or the Amul company in relation to the incidents mentioned, whether on the internet or in print or electronic media, until further orders.

Case Title: Gujarat Cooperative Milk Marketing Federation Limited v Deepa Devi & Ors. (CS(OS) 499/2024)