Introduction:

In a proactive move addressing public health concerns, the Delhi High Court has taken suo motu cognizance of the sale of expired food products in the market. The division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora issued notices to several entities, including the Union Government, Delhi Government, Standards Authority of India, and the Delhi Police. The court also appointed Advocate Shwetasree Mazumdar as Amicus Curiae in the matter, setting the hearing for February 8.

Arguments:

The genesis of this suo motu PIL stemmed from a single judge’s order directing an investigation into the re-packaging and sale of expired food products, including counterfeit chocolates of the renowned brand Hershey’s. Hershey had filed a suit against a manufacturer, Atul Jalan, alleging the sale of expired chocolates through re-packaging. The company contended that the manufacturer misrepresented the expired and counterfeit chocolates as their own, breaching trademark and packaging rights.

Hershey argued that Jalan had knowledge of their brand and packaging, which he replicated, deceptively marketing the expired goods as genuine products.

Court’s Judgment:

The High Court, upon observing a systematic mechanism involving the re-packaging and introduction of expired products into the market, decided to intervene suo motu. Considering the public health implications and beyond the scope of a commercial suit, the matter was escalated for judicial review. The Court appointed an Amicus Curiae and directed urgent investigation by the Crime Branch of Delhi Police, emphasizing the need for swift action in addressing this concerning issue of selling expired food items.