After Hershey's complaint, Delhi HC issues notice to Centre, Delhi Govt, FSSAI, Delhi Police on sale of expired food items

NEW DELHI: After well-known international brand of chocolates, The Hershey Company, filed a suit regarding expired Hershey's chocolates being sold in Delhi, the Delhi High Court has taken up the matter suo motu to set right what seems to be a coordinated racket. It has sought the responses of the Delhi Police, the Food Safety and Standards Authority of India, and the Delhi and Central governments.

A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora issued notice after a single-judge bench of Justice Prathiba Singh who was hearing the Hershey's suit, referred the matter to the Acting Chief Justice, recognizing the larger issue in the case.

Hershey's had brought to light that its expired chocolates were being repackaged with new expiry dates and sold in the Delhi markets by a trader and sought relief against the trader.

However, shocking findings which emerged during the case awakened the Court to the larger racket.

The earlier bench then ordered a thorough probe into the case. Now, the Court has appointed Adv. Shwetasree Mazumdar as amicus curiae to assist it in the matter and listed it for further hearing on February 8.

Facts of the case

The present litigation arose out of a suit filed by The Hershey Company seeking an injunction before the Diwali period against one Atul Jalan, trading as “Akshat Online Traders”, from selling expired chocolates by re-packaging the same.

Hershey's had argued that Akshat Online Traders was a rank counterfeiter, causing harm to both Hershey's and the public. It was submitted that the trader had knowledge of and access to the Hershey's marks and packaging, and had blatantly copied them, misrepresenting their expired and counterfeit chocolates as Hershey's products.

The Court had passed a detailed interim order giving directions and appointing Local Commissioners (LCs) for seizure of all the expired products. Further, due to the urgent and serious nature of the allegations, the Court had instructed two FSSAI Inspectors to accompany the LCs to conduct a thorough inspection and testing of all products sold by Jalan. 

"Additionally, the FSSAI was given specific directions to ensure that perishable and food products, which are either expired and repackaged or counterfeit, are not sold, particularly during the festive season," the Court had noted in its order.

Thereafter, the LCs filed their respective reports, after perusing which the Court stated that it was an "extremely sorry state of affairs at the Defendant’s premises." 

Various products including Hershey's chocolates were found in the premises.