Ejusdem Generis Limits Edible Oil Labelling Restrictions; vegetable images on a refined soyabean oil label were not misbranding.

Rule 37D of the Prevention of Food Adulteration Rules, 1955 prohibits specified label and advertisement expressions for edible oils and fats, and the residuary words must be read ejusdem generis with those listed expressions. A pictorial depiction of vegetables on a refined soyabean oil label, intended to show possible uses in cooking, did not by itself claim superior quality or exaggerate the product's characteristics. The label therefore did not amount to misbranding and did not violate Rule 37D.

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Issues: Whether pictorial depiction of vegetables on a label of refined soyabean oil amounts to misbranding or a violation of Rule 37D of the Prevention of Food Adulteration Rules, 1955.

Analysis: Rule 37D prohibits specified expressions on labels, packages, or advertisements of edible oils and fats and extends to other expressions only if they are of the same kind and amount to exaggeration of the quality of the product. The residuary words are to be construed ejusdem generis with the listed expressions. A label showing vegetables that may be cooked using the oil does not, by itself, claim that the oil is super-refined, ultra-refined, cholesterol-friendly, or otherwise superior in quality. Since the pictures do not exaggerate the quality of the oil, they do not fall within the mischief of the rule.

Conclusion: The label was not misbranded and did not violate Rule 37D. The finding of misbranding was set aside, and the appeal succeeded in favour of the appellant.

Ratio Decidendi: The residuary expression in Rule 37D of the Prevention of Food Adulteration Rules, 1955 must be read ejusdem generis with the specified prohibited expressions, and only labels or advertisements that exaggerate the quality of edible oil or fat are prohibited.

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