Karnataka High Court: Relabeling Expired Food is 'Calculated Assault on Public Health'
The Karnataka High Court has refused to quash a criminal case against a company accused of relabeling expired food products. The court stated that such actions constitute a 'calculated assault on public health' and deceive unsuspecting consumers.
Key takeaways
- The Karnataka High Court ruled that relabeling expired food products is a 'calculated assault on public health'.
- The court dismissed a petition by Earth Recycler Pvt. Ltd., which is accused of replacing expiry dates on expired food.
- The ruling allows a criminal case to proceed against the company for allegedly deceiving consumers and endangering public health.
- The court stated that sampling procedures under the FSS Act are not applicable to allegations of relabeling expired goods.
The Karnataka High Court has declared that relabeling expired food products and reintroducing them into commerce is a 'calculated assault on public health,' not merely a violation of food safety regulations. The court made this observation while dismissing a petition from Earth Recycler Pvt. Ltd. and its representatives, who sought to halt a criminal case against them.
The company, which is licensed to collect and recycle expired food items, faces allegations of reselling products by altering or replacing their expiry date labels. The High Court emphasized that deceptively presenting expired food as fresh poses a significant and undisclosed risk to consumer health.
The petitioners had argued that the authorities failed to follow proper procedures under the Food Safety and Standards Act, 2006, including the collection of food samples before initiating proceedings. They also contended that the invocation of the Bharatiya Nyaya Sanhita (BNS) was inappropriate, as the FSS Act is a special law. However, the court rejected these arguments.
Justice M. Nagaprasanna stated that sampling procedures applicable to ordinary retailers would not apply in this case. The allegation is not for storing expired food but for actively relabeling and reselling it, thereby attracting sections of the BNS related to cheating and public mischief. The court stressed that these actions undermine consumer confidence and public health, requiring thorough investigation.
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