Delhi HC refuses to entertain writ petition seeking criminal action against packaged food manufacturers for using excessive added sugar in their products

The Delhi High Court declined to consider a writ petition that sought to initiate criminal proceedings under the FSSAI Act against packaged food manufacturers for excessive added sugar in their products, reported LiveLaw.

The Chairman of the petitioning organization, who appeared in person, argued that packaged food manufacturers are breaching the Food Safety and Standards (Advertising and Claims) Regulations, 2018, and the Food Safety and Standards (Labelling and Display) Regulations, 2020.

He contended that, according to FSSAI rules, sugar content should not exceed 20% of an individual’s total daily calorie intake. However, he alleged that sellers of packaged bakery items, sauces, biscuits, and similar products are significantly surpassing this limit.

As per media report, petitioner claimed that sugar acts on dopamine. “When dopamine is released, the consumer becomes addictive,” he submitted.

The Court noted that the petition’s primary request was for the initiation of criminal proceedings. It stated that the petitioner could instead file an application under Section 175(3) of the BNSS, which is comparable to Section 156(3) of the 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.

 

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