Supreme Law News

Are food items covered under the Drugs Act ?

The Telangana High Court dismissed criminal charges brought under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 ("Act") against True Weight Wellness Private Limited and its Directors, ruling that the company's goods did not qualify as "drugs" as that term is defined by the Act.

"The product's label makes no mention of the fact that it is a medication intended to treat any illness.

Upma, wheat grass, super fiber, tea tox, and super juice are, admittedly, the products.

The aforementioned foods do not meet the criteria for being considered drugs.

Reading the labels does not in any way imply that any ailment can be treated with medication.

On the other hand, it is mentioned that the food items are good for illnesses. It states that eating these foods would speed up metabolism, be good for people with diabetes or high cholesterol, and cause them to lose weight.

Judge K Surender issued the Common Order in response to two writ petitions, one from True Weight Wellness Private Limited and the other from its directors, seeking to halt the actions that were ongoing before the Metropolitan Magistrate in accordance with Sections 3(d) and 7 r/w Serial Nos.9, 26 & 47 in the Act's schedule.

The petitioners' items did not purport to be treatments or cures for any diseases, the court agreed.

It was acknowledged that the products in question could not be categorized as "drugs" but rather as "supplements and nutraceuticals" because they were certified by the Food Safety and Standards Authority of India (FSSAI).

It is evident from the labeling that there is no mention of the product being a "drug" or a "medicine" or that it would in any way be able to treat or cure an illness.

Actually, the FSSAI (Food Safety and Standards Authority of India) has certified the products.

Every food business must obtain an FSSAI license from the Food Safety and Standards Authority of India, and obtaining a food license prior to opening for business is mandatory.

An FSSAI license certifies that a food business abides by the standards set by the FSSAI for food safety.

The FSSAI license or registration is required for all food business operators, including pharmacies and medical supply stores that provide nutraceutical items or health supplements.

The Drugs Inspector's allegation served as the basis for the case's recognition.

The petitioners' facilities were visited in 2015 by the complainant and other staff, who claimed to have discovered five goods being marketed in violation of the Act.

Upma, wheat grass, super fiber, tea tox, and super juice were the five items.

The prosecution contended that the five items' deceptive advertisements, which made false claims to treat conditions like diabetes, heart disease, and obesity, violated the Act.

The Drugs Inspector's claim that the products met the definition of "drug" was not made by the court, and the Act did not call for any criminal penalties in relation to the complaint.

Moreover, it was evident from a straightforward interpretation of section 2(b)(iii) of the Act that its provisions could only be applied in cases where a substance that was not food was being sold as a drug.

The court acknowledged that a Food Safety Officer is in charge of inspecting food businesses in accordance with the Food Safety and Standards Act, even though it dismissed the petitioners' complaint.

"After following the procedure, prosecution can be launched at the instance of Commissioner of Food Safety"

Case Numbers: 11186/2016 and 14209/2016 W.P.

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( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )

Advocate & Consultant Supreme Court of India, High Courts & Tribunals.