Food labelling must distinguish "best before" from "expiry date"; identical dates are misleading and unlawful.

The Food Safety and Standards (Packaging and Labelling) Regulations, 2011 treat "best before" and "expiry date" as distinct concepts: "best before" covers the period of full marketability and quality, while "expiry date" marks the end of the estimated safe period after which the product should not be sold. Where a packaged food displays the same date for both, the label creates a misleading impression that the product remains acceptable until expiry and thereby offends Section 23 of the Food Safety and Standards Act, 2006. On that basis, the objection to clearance was upheld and the writ petition failed.

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Issues: Whether a food consignment could be denied clearance for non-compliance when the package mentioned the same date as both the "best before" date and the "expiry date", and whether such labelling violated the Food Safety and Standards Act, 2006 and the applicable Regulations.

Analysis: The expressions "best before" and "expiry date" carry different meanings under the Food Safety and Standards (Packaging and Labelling) Regulations, 2011. "Best before" denotes the period during which the food remains fully marketable and retains its qualities, whereas "expiry date" marks the end of the estimated period after which the food may not have the expected quality and safety attributes and is not to be sold. The Court held that if both dates are shown, they must be distinct; otherwise the label conveys a misleading impression that the product remains best up to the expiry date. Such a label would mislead consumers and offend Section 23 of the Food Safety and Standards Act, 2006, which prohibits false or misleading statements in packaged food labelling.

Conclusion: The objection to the consignment was justified, and the writ petition failed.

Ratio Decidendi: Where a packaged food product carries both "best before" and "expiry date", the two dates must be different and clearly specified; a label showing the same date for both is misleading and contrary to the statutory labelling requirements.

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