Drug makers need not mark green or red dot on labels: SC

“The Drugs and Cosmetics Act,1940 or the rules framed thereunder do not mandate mentioning or displaying symbol of ingredients of non-vegetarian or vegetarian origin. The manufacturer or others are not required to mention ‘vegetarian’ or ‘non-vegetarian’ on the label of drugs or cosmetics,” held a Bench of Justices G S Singhvi and S J Mukhopadhaya.

Illustrating a range of differences in food habits among the vegetarian and non-vegetarians,it said: “In individual case,the central government may feel difficulty in specifying the origin of a ‘vegetarian’ or ‘non-vegetarian’ ingredient,if a person wants to know the definite origin of such ‘vegetarian’ or ‘non-vegetarian’ ingredient on the basis of his food habit.” It also said the plea was not maintainable before the High Court.

The court noted that a consumer could not seek information about the origin of ingredients as a matter of right since the disclosure was subjected to reasonable restriction and larger public interest.

It set aside a 2002-Delhi HC order that had held that consumer has the fundamental right to know whether the food products,cosmetics and drugs available are of non-vegetarian or vegetarian origin. Pending an amendment in the Act,the HC ordered for red or green labels on the packages.

However,the Centre and the Indian Soaps & Toiletries Makers Association challenged it. The Centre said it was not possible to demarcate drugs as life saving or otherwise since under the condition of patient,a drug,which ordinarily may not be treated,so can be used as a life saving drug.