Drugs Act Applies To Products Sold As 'Drugs', Not Food Items Certified By FSSAI: Telangana High Court

The Telangana High Court has quashed criminal proceedings against True Weight Wellness Private Limited and its Directors under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 ("Act"), holding that products sold by the company did not amount to "drugs" as defined under the Act.

“It is not mentioned on the label that the item sold is any kind of drug which would treat any disease. Admittedly, the products are Upma, wheat grass, super fiber, tea tox and super juice. The said food items will not fall within the definition of drug. A perusal of the labels does not in any manner make any false claim of treating any disease as a drug. However, a mention is made that the food items are beneficial for health and ailments. It claims that the food items would increase metabolic rate and beneficial for the persons suffering from diabetes, high cholesterol and also would result in loss of weight.”

The Common Order was passed by Justice K Surender in two writ petitions, one filed by True Weight Wellness Private Limited, and another by its directors, to quash the proceedings pending before the Metropolitan Magistrate under Sections 3(d) and 7 r/w Serial No.9, 26 & 47 in the schedule appended to the Act.

The court agreed opined that the petitioners' products did not claim to be remedies or cures for any disease. It was appreciated that the products in question were certified by FSSAI (Food Safety and Standards Authority of India) and hence could not be classified as 'drugs' but as 'Supplements and Nutraceuticals.'

“As seen from the labels, it is nowhere claimed on the label that it is a 'medicine' or a 'drug' for treatment or in any manner would cure any disease. In fact, the products are certified by fssai (Food Safety and Standards Authority of India). Food Safety and Standards Authority of India is an authority to provide FSSAI license to every food business and made compulsory to have a food license before initiating the business. FSSAI license serves as a certification that food business complies with food safety regulations set by FSSAI. All Food business operators including pharmacies or medical stores selling Health supplements or Nutraceutical products need to apply for the FSSAI license or registration.”

The cognizance of the case was taken based on complaint submitted by Drugs Inspector. In 2015, the complainant along with other personnel had inspected the premises of the petitioners and claimed to have found 5 products that were being sold in contravention of the Act.

The 5 products were upma, wheat grass, super fiber, tea tox and super juice. The prosecution pleaded that the advertising for the 5 products was misleading and promised to cure diseases such as diabetes, heart disease, and obesity which was false and hence violative of the Act.

The court noted that it was not the case of the Drugs Inspector that the products fell within the definition of "drug" and the complaint was not filed for any penal consequences under the Act. Further, a plain reading of section 2(b)(iii) of the Act made it apparent that its provisions could be invoked only when a substance that was not food was being sold as a drug.

While quashing the complaint against the petitioners, the court acknowledged that a Food Safety Officer is responsible for the inspection of food business under the Food Safety and Standards Act. "After following the procedure, prosecution can be launched at the instance of Commissioner of Food Safety", it added.

Counsel for Petitioners: Advocates Chandala Devi and M Abhinay Reddy

Counsel for Respondents: Government Pleader for Medical & Health

Case No.: W.P. No. 14209/2016 and 11186/2016

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