TaxTMI 
TaxTMI 
2013 (10) TMI 1400
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....isleading advertising of soft drinks, particularly advertisements targeted at children, unwary uneducated and illiterate people. 2. The Union of India and other respondents have maintained the stand that the Food Supply and Standards Act, 2006 (the FSS Act), along with its Rules and Regulations framed thereunder, constitute a vigorous regulatory regime, which takes care of all the above mentioned situations and provisions of the FSS Act and the Rules and Regulations are being enforced scrupulously and meticulously. Over and above, it was pointed, in pursuance to the orders passed by this Court on 8.2.2011 and 15.4.2011, the Food and Safety Standards Authority of India (for short "the Food Authority") examined the various grievances raised by the petitioner and passed the order on 12.9.2012. The findings recorded in the order dated 12.9.2012 passed by the Food Authority would allay all the fears and apprehensions raised by the writ petitioner and in any view the same could be taken care of by the authorities functioning under the provisions of the FSS Act as well as the Rules and Regulations framed thereunder. Further, it was also pointed out that if the petitioner or any other cit....
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....mful effects of consumption of Caffeine. 5. Petitioner has also highlighted the harmful effects on children created through misleading advertising, for which reference has been made on the study conducted by the World Health Organisation (WHO) and also on various study papers published in the several International journals, highlighting the impact of advertising on children and its harmful effects. 6. We have already indicated that on the basis of the orders passed by this Court on 8.2.2011 and 15.4.2011 and in exercise of powers conferred under Section 13(4) of the FSS Act, the Food Authority, constituted an expert Scientific Panel on Labelling and Claims/Advertising and that Panel, after examining the various grievances raised by the petitioner and giving an opportunity of being heard, passed an order on 12.9.2012, the operative portion of the same reads as under: "a) Soft drinks as referred in the representation (Petitioner's representation dated 18.03.2011), are regulated as carbonated water in accordance with the standards under Food Safety and Standard Regulation, 2011." "(W)ith the existing consumption pattern prevalent in the country as reported in the above referred da....
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....age, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption. The Act is based on international legislations, instrumentalities and Codex Alimentarius Commission (CAC). CAC was created in 1961/62 by the Food and Agricultural Organization of United Nations (FAO) and WHO to develop the food standards, guidelines and related texts such as codes of practice under the Joint FAO/WHO Food Standards Programme. The main purpose this programme is to protect the health of consumers, ensure fair practices in the food trade, and promote coordination of all food standards work undertaken by international governmental and nongovernmental organizations. "Codex India" the National Codex Contact Point (NCCP) for India, coordinates and promotes Codex activities in India in association with the National Codex Committee and facilitates India's input to the work of Codex through an established consultation process. 9. The Act empowered the Central Government to constitute the Food Safety and Standards Authority of India (hereinafter being referred to as "the Food Authority") under Section 4 of the FSS Act. The Food Authority is also authorised to constitut....
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....t which shall include taking into account the results of risk assessment, and other factors which in the opinion of the Food Authority are relevant to the matter under consideration and where the conditions are relevant, in order to achieve the general objectives of regulations; (c) where in any specific circumstances, on the basis of assessment of available information, the possibility of harmful effects on health is identified but scientific uncertainty persists, provisional risk management measures necessary to ensure appropriate level of health protection may be adopted, pending further scientific information for a more comprehensive risk assessment; (d) the measures adopted on the basis of clause (c) shall be proportionate and no more restrictive of trade than is required to achieve appropriate level of health protection, regard being had to technical and economic feasibility and other factors regarded as reasonable and proper in the matter under consideration; (e) the measures adopted shall be reviewed within a reasonable period of time, depending on the nature of the risk to life or health being identified and the type of scientific information needed to clarify the....
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....ation may be dispensed with: Provided that such regulations shall be in force for not more than six months; (e) ensure protection of the interests of consumers and shall provide a basis for consumers to make informed choices in relation to the foods they consume; (f) ensure prevention of- (i) fraudulent, deceptive or unfair trade practices which may mislead or harm the consumer; and (ii) unsafe or contaminated or sub-standard food. (3) The provisions of this Act shall not apply to any farmer or fisherman or farming operations or crops or livestock or aquaculture, and supplies used or produced in farming or products of crops produced by a farmer at farm level or a fisherman in his operations." 11. The general principles referred to above are to be followed in the administration of the Act, by the Central Government, the Food Authority, the State Governments and other agencies, while implementing the regulations and specifying food safety standards or while enforcing or implementing the provisions of the FSS Act. The Food Authority, while discharging its functions, shall take into account the prevailing practices and conditions in the country, including agricultural practices a....
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....s.- (1) No advertisement shall be made of any food which is misleading or deceiving or contravenes the provisions of this Act, the rules and regulations made thereunder. (2) No person shall engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair or deceptive practice including the practice of making any statement, whether orally or in writing or by visible representation which- (a) falsely represents that the foods are of a particular standard, quality, quantity or grade- composition; (b) makes a false or misleading representation concerning the need for, or the usefulness; (c) gives to the public any guarantee of the efficacy that is not based on an adequate or scientific justification thereof: Provided that where a defence is raised to the effect that such guarantee is based on adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence." The above mentioned Section provides for restrictions on advertising of any food which misleads or contravenes the provisions of the FSS Act or the rules and regulations framed thereunder. I....
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....and practices. 16. The manufacture and sale of carbonated soft drinks is regulated by the Prevention of Food Adulteration Act, 1954 (PFA Act), the PFA Rules and the Fruit Products Order, 1955 issued under the Essential Commodities Act, 1955. Section 3 of the PFA Act provides for constitution of a Committee called the Central Committee for Food Standards (CCFS) and the same is already constituted which has very wide powers, to deal with all matTers relating to food items and to advise the Central Government and the State Governments on all matters relating to Food and to carry out the other functions assigned to it under the Act. Section 23(1) of the PFA Act enjoins a duty upon the Central Government, after consultation with the CCFS, to make rules which, inter alia, prescribes standards of quality for 340 food items in Appendix B and the labelling requirements for all foods in Part VII. Under Rule 44 in Part VIII of the PFA Rules, notifications have been issued from time to time regulating or prohibiting the sale of various ingredients/foods keeping in view the specific nature of those ingredients/foods based upon scientific study. CCFS and its sub-committees on various issu....
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....: "12.- (1) The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2) The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (a) The provision for the reduction of the still birth-rate and of infant mortality and for the healthy development of the child; (b)The improvement of all aspects of environmental and industrial hygiene; (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to a medical service and medical attention in the event of sickness." 21. We may emphasize that any food article which is hazardous or injurious to public health is a potential danger to the fundamental right to life guaranteed under Article 21 of the Constitution of India. A paramount duty is cast on the States and its authorities to achieve an appropriate level of protection to human life and health which is a fundamental right guaranteed to the citizens under Article 21 read with Article 47 of the Consti....