Dharampal Satyapal Limited And Anr Vs Union Of India (Delhi High Court)
Dharampal Satyapal Limited and another party challenged Regulation 2(i) of the Food Safety and Standards (Labelling and Display) Second Amendment Regulations, 2022, in the Delhi High Court. This regulation, issued by the Food Safety and Standards Authority of India (FSSAI), increased the statutory warning size on Pan Masala packages to 50% of the front-of-pack label, up from the previous 3mm. The petitioners argued that this regulation was illegal, violated their fundamental rights under Articles 14, 19(1)(a), and 19(1)(g) of the Constitution, and was ultra vires the Food Safety and Standards Act, 2006.
The petitioners’ counsel contended that the FSSAI, as the apex body, must frame regulations based on thorough risk assessment informed by scientific evidence and the opinions of the Scientific Panel and Committee established under the FSS Act. They argued that the impugned regulation was implemented without following this statutory process, citing an RTI reply where the FSSAI only referred to meeting minutes and failed to provide any scientific study or report justifying the increased warning size. The petitioners claimed there was no scientific opinion from the relevant bodies to support this change. While the petition initially raised concerns about the reduced space for trademarks, this argument was not pursued. The court opined that sufficient space remained for trademarks and that public health concerns outweighed any potential constriction of space.
The Delhi High Court dismissed the petition, emphasizing that public health takes precedence over private interests, citing Supreme Court judgments on similar issues concerning tobacco product warnings. The court noted the established harmful effects of Pan Masala, judicially recognized as a cause of oral cancer. It found the increased warning size to be a proportionate measure aimed at raising public awareness. The court also pointed out that the petitioners were granted multiple extensions to comply with the regulation, with the final deadline being April 30, 2024, and thus found no merit in their request for further time.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
