The Delhi High Court has directed removal of social media posts on X (earlier Twitter) by two individuals, alleging that a centipede was found in a tub of Amul ice cream bought by one of them. While hearing a lawsuit moved by the plaintiff, Gujarat Cooperative Milk Marketing Federation that sells products under the Amul brand, a-single judge bench of Justice Manmeet Pritam Singh Arora, in its July 4 order, said, “Defendant nos. 1 and 2 are directed to forthwith remove the social media posts uploaded by them on defendant no. 1’s Twitter/X account.within three days from the date of passing of this order.” The court further said, “The defendant nos. 1 and 2 are restrained from posting and uploading any content identical or similar to the said post on the above Twitter/X account or any other social media platform including Facebook, Instagram and YouTube until further orders.” The HC further restrained the defendants from publishing any content regarding the plaintiff company or its product with respect to this incident, on the internet, print or electronic media until further orders. The HC also said that if the defendants fail to take down the social media posts within three days, the plaintiff company can write to X to delete them from its platform. Before the HC, the plaintiff company had argued that it was “absolutely impossible for any foreign substance, let alone an insect, to be present in an Amul ice cream tub packed” at its facility. The plaintiff's counsel had said that stringent quality checks, “completely and absolutely”, ensures that no physical, bacterial or chemical contamination is introduced to the product. He further said that it also ensures that each product conforms to the standards laid out by the Food Safety and Standards Authority of India (FSSAI). He said that stringent inspection is done at every stage – right from milking the cattle till packaging and loading. He further said that while his client was willing to investigate the matter to ascertain the veracity of the defendants claims, they had refused to make available the ice cream tub in question to the officials of the plaintiff. The HC, thereafter, noted that the defendants were given an opportunity to appear before the court and make good their case. However, they had elected not to appear despite an opportunity given to them to justify the posts, it stated. “This Court on 01.07.2024 had also issued notice to defendant nos. 1 and 2 in I.A. (application).filed by the plaintiff seeking direction of investigation of the ice cream tub in the custody of defendant nos. 1 and 2 at a government- approved laboratory. The wilful non-appearance of defendant nos. 1 and 2 despite service of summons leads this Court to believe that on a prima facie consideration of the facts set out in the plaint and materials placed on record, the plaintiff has made out a case for interim orders,” the HC said. The HC said that the non-appearance of the defendants points to their “unwillingness” to participate in the forensic examination and verification of their claims of the dead insect made in the social media posts uploaded on June 15.
