Sale of expired food products: Delhi HC issues notice to Centre over sale of food with new expiry dates
Sale of expired food products: The Delhi High Court has decided to file a suo motu plea against the sale of expired food products through repackaging and has issued notices to the relevant authorities.
In an order issued on January 8, 2024, the bench led by Acting Chief Justice Manmohan, which also included Justice Manmeet Pritam Singh Arora, served notice to the Union of India, the Government of the NCT of Delhi, the Food Safety and Standards Authority of India, and the Delhi Police, and scheduled the matter for February 8, 2024.
The Division bench took up the case after learning of an order dated December 19, 2023, issued by a single judge and stating that there is a coordinated and systematic mechanism in place for repackaging or rebranding expired products with new expiry dates and introducing them into the market.
The division bench stated that the single judge initially concluded that the suit revealed an extraordinary situation involving public health, particularly relating to food products, and thus directed that it be heard by the bench.
The issue came up during the hearing of a civil suit filed by the plaintiff, The Hershey Company, a well-known chocolate company, seeking an injunction against defendant Atul Jalan for repackaging expired chocolates and selling them before Diwali.
The Single Judge found that Defendant, a rank counterfeiter, had knowledge of and access to Plaintiff's mark and packaging and had blatantly copied them, misrepresenting expired and counterfeit chocolates as Plaintiff's products.
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