Delhi HC initiates suo motu case against sale of expired food products by re-packaging

New Delhi [India], January 10 : The Delhi High Court has decided to initiate a suo motu plea against the matter of sale of expired food products by repackaging and has issued notices to the authorities concerned.
The bench headed by Acting Chief Justice Manmohan, also comprising Justice Manmeet Pritam Singh Arora, in an order passed on January 8, 2024, issued notice to the Union of India, the Government of NCT of Delhi, the Food Safety and Standards Authority of India and the Delhi Police and listed the matter for February 8, 2024.
The Division bench initiated the matter after an order dated December 19, 2023, came into light, which was passed by a single judge and stated that there is a coordinated and systematic mechanism in place by which the expired products are being re-packaged or re-branded with new expiry dates and are being introduced into the markets.
The division bench said that the single judge, prima facie, concluded that the suit revealed an extraordinary situation involving public health, particularly relating to food products, and therefore directed it to be placed before the bench.
While initiating this public interest litigation, the court also appoints Shwetasree Mazumdar, counsel, as Amicus Curiae in this matter.
The matter came to light while hearing a civil suit filed by the plaintiff, The Hershey Company, a well-known chocolate company, seeking an injunction before the Diwali period against Defendant Atul Jalan for selling expired chocolates by repackaging the same.
The Single Judge found that Defendant, who was a rank counterfeiter, had knowledge of and access to Plaintiff's mark and packaging and had blatantly copied them, misrepresenting their expired and counterfeit chocolates as Plaintiff's products.