Kerala High Court Directs FSSAI To Consider Representation On Microplastic Contamination In Bottled Drinking Water

The petitioner had approached the Court claiming that multiple scientific studies conducted by various Indian and International Research Institutions suggested alarming quantities of microplastics and nanoplastics in bottled water which primarily originate from plastic bottles, caps and bottling processes.

He alleged that the statutory authorities, particularly FSSAI, failed to address the issue and as such neglected their statutory duty.

The petitioner also highlighted the health risks, which the presence of micro plastic in water can pose for human beings, leading to potential bioaccumulation across organs like brain, liver, and kidneys. Through the scientific studies associated with the microplastic accumulation, the petitioner submitted that the accumulation of microplastics in cells can lead to cancer, alter neuro transmitters, affect metabolism etc.

It was further submitted that the non-disclosure of microplastic in bottled water undermined the consumer rights guaranteed under the Consumer Protection Act, 2019. The petitioner submitted that disclosing the presence of microplastic in bottled water would empower the consumers to make informed dietary choices.

The Petitioner further submitted that the presence of microplastics in packaged drinking water undermines the right to life guaranteed under Article 21 of the Constitution of India as access to clean and safe drinking water is a fundamental right, essential for the preservation of health, prevention of disease and enjoyment of a dignified life. It was also submitted that Article 48 A and 51 (A) (g) of the Constitution casts a duty on the State to protect, improve and safeguard the environment.

The petitioner also pointed out the statutory duty of FSSAI under FSSAI Act. It was submitted that Section 18 mandates the Authority to inform the public whenever there are reasonable grounds to suspect that a food may present a risk to human health, and to specify food standards on the basis of scientific risk analysis.

The petitioner submitted that he preferred a detailed representation before FSSAI, detailing the studies and urgent need to mandate labelling in the front of the bottled/ Packaged drinking water indicating the presence of the microplastics in the water. But no action or response has been tendered by the authority. Hence, the petition was filed to issue direction or draft regulations to reduce the micro plastic contamination in bottled water.

The Court observed that the primary relief sought by the petitioner, which is the framing of regulatory standards, fell within the domain of the competent statutory authority which is FSSAI and could not be enforced by a writ of mandamus.

The Court thus disposed of the writ petition by directing FSSAI to consider the representation filed by the petitioner on the need to mandate labelling bottled/ packages drinking water indicating the presence of microplastics under Section 23 and 92(2)(k) of the Food Safety and Standards Act, 2006.

“We direct respondent 3 to look into the representation made by the petitioner and regarding the feasibility, correctness and other parameters. It is for the respondent no. 3 statutory authority to take necessary decisions in that regard. With this observation the writ petition is disposed of,” the bench ordered.

Case Title : C R Neelakandan v Union of India & Ors.

Case No: WP(PIL) 146/ 2025

Citation: 2025 LiveLaw (Ker) 767

Counsel for Petitioner: V Harish, Rajan Vishnuraj, Varun Jacob

Counsel for Respondent: O M Shalina (DSGI), Chithra P George (SC- FSSAI)