Mandatory Veg/ Non-Veg Labelling On Toothpastes Under Review: Delhi High Court Seeks Joint Decision By Regulatory Authorities
The Delhi High Court is examining whether the requirement of mandatory vegetarian/ non-vegetarian labelling through red, brown or green dots on toothpaste and other toiletry packaging can be enforced under existing law, amid conflicting positions taken by regulatory authorities.
The issue has arisen in a writ petition filed by Reckitt Benckiser (India) Limited, which manufactures toothpaste, soaps and other personal hygiene items.
The company has challenged the amendment to Rule 6(8) of the Legal Metrology (Packaged Commodities) Rules, 2011, introduced in June 2014, which mandates the display of a red/brown dot for non-vegetarian origin products and a green dot for vegetarian origin products on the principal display panel.
A Division Bench of Justices Prathiba M. Singh and Madhu Jain however noted that the Drug Technical Advisory Board (DTAB), which advises the Drug Controller General of India, has made the labelling voluntary.
“There is a clear contradiction in the stands of both these departments…There is therefore a need for both these Departments to come together and to take a decision after holding stakeholder's consultation as to whether incorporation of such a dot ought to be mandatory or should it be left to be implemented voluntarily by the manufacturers/sellers of these products,” it said.
Accordingly, the Court has directed that a joint meeting shall be held between the Director, Drug Controller General of India as also the Director, Legal Metrology and a comprehensive joint decision shall be arrived at as to the implementation of incorporation of the Red, Brown and Green dot on packaging of various products.
“After considering the stand of the said two Departments, this Court would consider the issues raised in the present matter,” the Court added and posted the matter for April 27.
Appearance: Mr. R. Jawahar Lal and Mr. Sayyam Maheshwari, Advs. for Petitioner; Mr. Bhagwan Swarup Shukla, CGSC with Mr. Sarvan Kumar, Ms. Priya Dwivedi and Mr. Mukesh Kumar Pandey, Advs. for Respondent
Case title: Reckitt Benckiser (India) Limited v. UoI
Case no.: W.P.(C) 1989/2015