Kerala High Court Orders Inspection Of One Tonne Kumkum Stock In Erumeli; Flags Widespread Sale Of Unlabelled Cosmetics

The Division Bench comprising Justice Raja Vijayaraghavan V and Justice K V Jayakumar issued the order while considering the Sabarimala Special Commissioner's report.

The bench had previously ordered an investigation into the distribution network and lab certification of chemical kumkum.

A counter affidavit was filed by Ideal Enterprises, additional respondent 33, which claimed that they had purchased about three tonnes of “organic” Kumkum from KJK Traders, Mumbai, and handed it over to a local businessman, who is the owner of Puthenpurackal Coir Mart in Erumeli. Over one tonne of this product reportedly remains stored at the premises.

However, the Court found discrepancies in the documents provided. Laboratory reports submitted by the respondent related only to small packets of Green, Pink, Yellow, Orange, and Blue “Rang Bare Holi Colour” and did not have any connection to the wholesale sacks of Kumkum actually supplied.

“It does not appear to us that the said laboratory report has any connection with, or bears any relevance to, the wholesale sacks delivered to the 33rd respondent by KJK Traders.” Court noted.

Another test report from the 34th respondent, laboratory, covered only environmental effluent parameters, which the Court held to be “wholly irrelevant” for a product intended to be applied on the human body.

“The parameters tested relate exclusively to the category “Pollution and Environment [Waste Water (Effluents/Sewage)]”, which is wholly irrelevant and inapplicable to the testing of KumKum intended for direct application on the human body.” Court observed.

Photographs placed before the Court showed Kumkum being sold openly in vessels, bags, and sacks. The Bench emphasised that Rule 34 of the Cosmetics Rules, 2020, mandates that all cosmetic products must bear complete labelling, including manufacturer details, ingredient list, batch number, manufacturing/expiry dates, and BIS compliance declarations.

The Court held that selling unlabelled Kumkum violates the Legal Metrology (Packaged Commodities) Rules, 2011, the Cosmetics Rules, 2020, and BIS standards.

Taking note of the issue, the Court ordered an immediate inspection of Puthenpurackal Coir Mart, where the kumkum is stored by a team comprising, Drugs Inspector, Zone-I, Kottayam, Drug Inspector, Zone-I, Pathanamthitta, and Deputy Controller(Flying Squad), Legal Metrology,

The Court directed to inspect the premises, collect samples following prescribed procedures, and forward them to an accredited laboratory and place the report before the Court at the earliest.

The Bench also ordered the Kerala State Pollution Control Board's Environmental Engineer (Respondent No. 37) to conduct routine inspections and submit analysis reports as directed earlier.

The Erumeli Grama Panchayat informed the Court that pilgrims from outside Kerala often carry their own Kumkum, leading to environmental contamination when they wash it into local rivers. The Court directed local authorities to sensitise pilgrims and deploy Health Inspectors to advise against the use and disposal of synthetic Kumkum, particularly in the Valiyathodu and Manimala rivers.

The Court suo motu impleaded Sri P.U. Ashraf, proprietor of Puthenpurackal Coir Mart, as additional respondent 38, given that over a tonne of Kumkum is stored at his premises.

The matter is posted on December 17 for further consideration.

Case Title: Suo Motu v Union Government and Ors.

Case No: SSCR 29/ 2025

Counsel for Respondent: S Rajmohan (Sr. GP), G Biju (SC- TDB), Chithra Chandrasekharan , Haridas C N, V Premchand, Babu Joseph Kuruvathazha, Archana K S, Noel Ealias, T Naveen (SC - KSPCB), Babu Cherukara, Anzar Basheer, Jayachandran R