Delhi High Court Refuses To Entertain Writ Seeking Criminal Action Against Packaged Food Manufacturers For Using Excessive 'Added Sugar'

The Delhi High Court today refused to entertain a writ petition seeking initiation of criminal proceedings under FSSAI Act against packaged food manufacturers, for using excessive added sugar in their products.

Section 41 of the Food Safety and Standards Act, 2006 empowers the Food Safety Officer and Designated Officer to initiate prosecution against violators of the Act and the Rules and Regulations framed thereunder.

Chairman of the Petitioner-organisation, appearing in person, claimed that the packaged food manufacturers are operating in violation of the Food Safety and Standards (Advertising and Claims) Regulations, 2018 and the Food Safety and Standards (Labelling and Display) Regulations, 2020.

He submitted that as per FSSAI rules, sugar has to be within permissible limit, i.e. 20% of total calorie intake by a human in a day. However, he alleged that those indulged in selling packaged bakery products, sauces, biscuits, etc. are exceeding the limit by huge margins.

Petitioner claimed that sugar acts on dopamine and is equated to use of cocaine. "When dopamine is released, the consumer becomes addictive," he submitted. Petitioner also claimed that excessive added sugar is the primary cause of childhood obesity, metabolic and other physical disorders which are common these days.

The Court however noted that the primary relief sought in the petition is for initiation of criminal proceedings against the errant. It held that it is open to the Petitioner to file an application in this regard under Section 175(3) of BNSS, which is equivalent to Section 156(3) of CrPC.

"It is settled law that writ petition seeking registration of FIR cannot be entertained," the Division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said.

Case Title: Jagatmitra Foundation v. UOI

Citation: 2024 LiveLaw (Del) 1007