Bombay HC imposes Rs 1 lakh fine on PIL by sweet shop owners challenging FSSAI’s ‘best before’ tag rule

The Court observed that the petitioner association sought to undo what the authority proposed to do for the benefit of consumers and therefore the PIL was ‘misconceived’ and imposed a fine of Rs. 1 lakh to be paid to Advocates’ Covid welfare fund.

The FSSAI order also said that the sweet shops may display manufacturing dates which shall be ‘purely voluntary’ and ‘non-binding’ and the shops shall display ‘best before date’ of sweets depending upon the nature of product and local conditions. (Express Photo by Gurmeet Singh)

The Bombay High Court Tuesday dismissed a public interest litigation (PIL) by association of sweet shops owners in Mumbai and a imposed a Rs 1 lakh fine for challenging directions of Food Safety and Standards Authority of India (FSSAI). The directions mandated sweet shops to display ‘best before date’ on the container tray of non-packaged or loose sweets from October 1.

The Court observed that the petitioner association sought to undo what the authority proposed to do for the benefit of consumers and therefore the PIL was ‘misconceived’ and imposed a fine of Rs. 1 lakh to be paid to Advocates’ Covid welfare fund.

The decision was taken in view of some instances, which were reported about the expired sweets being sold to consumers posing health hazards.

Thereafter, the FSSAI on September 25 issued an order which stated: “In the public interest and to ensure food safety, it has been decided that in case of non-packaged/loose sweets, the container/tray holding sweets at the outlet for sale should display the ‘best before date’ of the product mandatorily with effect from October 1.”

Moreover, the petitioner association said that through September 30, the FSSAI clarified that the September 25 order was applicable only to ‘Indian sweets’ and local language was allowed to be used on the container consisting the sweets. Alleging the same to be discriminatory, the association moved PIL before the HC challenging the orders passed under Food Safety and Standards Act, 2006.

Dismissing the PIL, the Court said, “…the petitioner seeks to undo what the authority proposed to do for the benefit of consumers and therefore it is thoroughly misconceived. We order costs of Rs. 1 lakh to Advocates’ Covid welfare fund.” The Court will pass reasoned order in due course.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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