By NCR DELHI TEAM
January 11, 2024
The information you provided outlines a serious concern regarding the repackaging and reintroduction of expired products into the market with new expiry dates. The Delhi High Court has taken suo motu cognizance of the issue and initiated a public interest litigation (PIL) after instances of such practices came to light.
The court has issued notices to the central government, Delhi government, Food Safety and Standards Authority of India (FSSAI), and Delhi Police, seeking their responses on the matter. The bench, comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora, has appointed advocate Shwetasree Mazumdar as amicus curiae to assist in the case.
The PIL was initiated after Justice Prathiba M Singh referred the matter to the acting chief justice during the hearing of a civil suit filed by the Hershey Company. The suit sought an injunction against counterfeiters selling expired chocolates by repackaging them before the Diwali period. Justice Singh found that the counterfeiters had knowledge of and access to Hershey’s mark and packaging, leading to the conclusion that the issue had implications for public health, especially regarding food products.
The court, in its order dated January 8, highlighted the existence of a “coordinated and systematic mechanism” for repackaging expired products with new expiry dates and reintroducing them into the market. The case is set for further hearing on February 8.
This initiative by the Delhi High Court reflects its commitment to addressing a matter of public interest and protecting consumer safety in the face of fraudulent practices in the market.