Expired food products: Delhi HC notices to Centre, Delhi govt, FSSAI
New Delhi: In response to growing concerns about the repackaging of expired food products with new expiry dates, the Delhi High Court has initiated a suo motu public interest litigation plea (PIL).
A division bench, comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, issued notices to key stakeholders, including the Centre, Delhi government, Food Safety and Standards Authority of India (FSSAI), and the Delhi
Police.
The court has appointed advocate Shwetasree Mazumdar as amicus curiae in the matter and scheduled a hearing for February 8, as revealed in its January 8 order.
The initiative stems from revelations that expired food items are being repackaged and sold in the market with altered expiry dates, posing a significant threat to public health and safety.
The matter gained attention when Justice Prathiba Singh referred it to the acting chief justice during a 2023 civil suit involving The Hershey Company and Atul Jalan of Akshat Online Traders.
The chocolate company sought an injunction against Jalan for selling expired chocolates after repackaging them.
The single-judge bench, led by Justice Singh, found Jalan to be a “rank counterfeiter” with knowledge of and access to the plaintiff’s mark and packaging. The defendant had allegedly copied and misrepresented expired and counterfeit chocolates as products of The Hershey Company.
The division bench, in its observation, pointed out a “coordinated and systematic mechanism” involving the repackaging of expired products with new expiry dates, infiltrating the markets. To address this serious issue, Justice Singh had, in a December order, directed the Delhi Police’s Crime Branch to conduct a thorough investigation.
The court expressed concern that a considerable quantity of goods, particularly on e-commerce platforms, faced tampering. Unscrupulous individuals were allegedly changing manufacturing and expiry dates, reintroducing these products into the commerce stream. Recognising the urgency of the matter, the court deemed it beyond the scope of a commercial lawsuit and mandated a comprehensive investigation. As the court takes proactive measures to safeguard public health, the upcoming hearing on February 8 is anticipated to delve into effective strategies to combat the repackaging and sale of expired food items in the market.
