The Delhi High Court expressed concerns over the sale of expired food products being repackaged with new expiry dates. The court emphasized, “People cannot be having adulterated food in Delhi,” and directed authorities to propose solutions, including a QR code system for tracking expiry dates to prevent tampering and fraud.
New Delhi: The Delhi High Court on Tuesday raised serious concerns over the sale of expired food products that are being reintroduced into the market through repackaging and rebranding with new expiry dates. The court emphasized that citizens should not be subjected to consuming “adulterated” food and called for urgent measures to prevent such unethical practices.
The bench, comprising Chief Justice Manmohan and Justice Tushar Rao Gedela, remarked, “People cannot be having adulterated food in Delhi. Give us suggestions on how this can be tackled.” The court was hearing a public interest litigation (PIL) that it initiated on its own after reports emerged of expired products being repackaged and sold with altered expiry dates.
The court made it clear that the sale of expired items cannot be tolerated and that this practice “cannot be a business.” The hearing was focused on addressing the broader issue of ensuring that expired food items do not reach consumers, which poses a serious risk to public health.
Amicus Curiae Proposes QR Code Solution
Advocate Shwetasree Mazumdar, who was assisting the court as amicus curiae, submitted a report suggesting that food manufacturers implement a QR code system for all packaged food items. This would allow easy tracking of the original expiry dates and prevent tampering. She emphasized that existing legislation addresses the issue but noted that the penalties for violations are not strong enough to act as a deterrent.
Mazumdar suggested,
“Food business operators be directed to mark all food products with a unique alphanumeric code or a QR code that is identifiable by an FSSAI representative by cross-reference to a centralised database, which will reveal the batch number and expiry date of a product immediately and on site.”
This, she argued, would eliminate the need for extensive testing and sampling to determine whether expiry dates have been altered.
The amicus also pointed out that this system would be similar to the mandatory QR code requirement imposed by the Union Health Ministry for tracking and tracing certain pharmaceutical products. She noted that this would allow authorities to take expeditious action against violators.
Authorities Asked to Ramp Up Enforcement
The court directed the relevant authorities, including the Delhi Police, to submit suggestions on how they plan to improve sample collection and testing procedures to identify expired products. Additionally, the bench ordered the Delhi Police to file a fresh status report on the issue and instructed certain alleged counterfeiters, who were found to be selling expired chocolates after repackaging them, to appear in court at the next hearing.
“You cannot be selling expired food items. This cannot be a business. Ask your clients to remain personally present in court next time,”
the bench told the counsel representing the alleged counterfeiters.
Government and FSSAI Involved
Earlier, the court had issued notices to the central government, the Delhi government, the Food Safety and Standards Authority of India (FSSAI), and the Delhi Police, seeking their responses to the matter. The authorities were asked to present concrete steps to address the growing problem of counterfeit and expired food products being sold with altered expiry dates.
Hershey Case Highlights Public Health Risks
The PIL was initiated after Justice Prathiba M Singh referred the issue to the division bench for judicial consideration. Justice Singh had been hearing a civil suit filed by Hershey Company, a well-known chocolate manufacturer, seeking an injunction against counterfeiters who were selling expired chocolates repackaged to appear as fresh products.
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Justice Singh found that the counterfeiters had knowledge and access to Hershey’s mark and packaging, and were blatantly misrepresenting their expired and counterfeit chocolates as genuine Hershey products. The court expressed deep concern over the extraordinary situation this revealed, especially given its potential impact on public health.
In a January order, the division bench had noted,
“From the order dated December 19, 2023, passed by the single judge, it is apparent that there is a coordinated and systematic mechanism in place by which the expired products are being re-packaged/ re-branded with new expiry dates and are being introduced into the markets.”
The court’s ongoing scrutiny of this issue underscores the importance of protecting consumers from fraudulent and harmful practices in the food industry. The next hearing will likely see further developments as authorities and businesses face mounting pressure to comply with stricter regulations.
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