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    <title>2020 (3) TMI 1495 - KERALA HIGH COURT</title>
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    <description>Notices proposing action under the Legal Metrology Act, 2009 against peanut butter were unsustainable because they proceeded on an unproven assumption that the product was butter or contained milk derivatives, without material supporting that description or any demonstrated contravention of package declarations. The scheme of Section 36 of the Act and Rule 5 of the Legal Metrology (Packaged Commodities) Rules, 2011 did not justify prosecution on that footing, and the reference to butter in the Second Schedule could not be applied on the facts. The product&#039;s character was also considered in light of the Food Safety and Standards Act, 2006 and the related Food Products Standards and Food Additives Regulations, 2011.</description>
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      <description>Notices proposing action under the Legal Metrology Act, 2009 against peanut butter were unsustainable because they proceeded on an unproven assumption that the product was butter or contained milk derivatives, without material supporting that description or any demonstrated contravention of package declarations. The scheme of Section 36 of the Act and Rule 5 of the Legal Metrology (Packaged Commodities) Rules, 2011 did not justify prosecution on that footing, and the reference to butter in the Second Schedule could not be applied on the facts. The product&#039;s character was also considered in light of the Food Safety and Standards Act, 2006 and the related Food Products Standards and Food Additives Regulations, 2011.</description>
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