LAWLIGHTS: ORDER PASSED ON PACKAGING OF FOODS AND COSMETICS SHOULD POSSESS AN IDENTIFIABLE MARK (green and red)

LAWLIGHTS: ORDER PASSED ON PACKAGING OF FOODS AND COSMETICS SHOULD POSSESS AN IDENTIFIABLE MARK (green and red)

 

INTRODUCTION:

Ø We are consumer having so many rights then we should also aware of the product available in the market are belongs to which type of origin.

Ø Getting any product from the market or the supplier tends to inform the customer about the origin which helps the customer to select whether the product is suitable for them or not.

According to the above the Supreme Court passed the order in the case OZAIR HUSSAIN VS. UNION OF INDIA.

 

FACTS OF THE CASE:

OZAIR HUSSAIN VS. UNION OF INDIA 13^TH NOVEMBER 2002

Bench: A D singh, M Mudgal

This case is a public interest writ petition seeking

1.    Direction to the respondents to protect the rights of innocent consumers who object to use the animals in whole or part in foods cosmetics drugs etc. whatever they consume.

 

2.    Thus the aforesaid matter should be considered and the disclosure of the ingredients used in the product should make visible so that they can informed their choice of their consumption.

 

3.    Direction to manufacturers and suppliers for complete disclosure of the ingredients of their products which are being sold to consumers.

 

4.    A declaration may give that consumers are having the right of making an informed choice of the products being made from animal or non-animal ingredients.

 

5.    Informing to every customer through words is seems to be impossible, so a direction to manufacturers and suppliers to make a mark in the product, the product should bear a mark which is easily identifiable symbol to every customer because here so many illiterate are present and the people who does not know English can also identify the symbol so it should be like conveying message whether it has an animal ingredient or not.

 

This petition is based on the view of the petitioner, he is an animal welfare volunteer and a member of several animal welfare organization stated that in our country 60% of the people are vegetarians so they need to be give the informed choice of the products as per their wish according to their beliefs and thoughts.

This petition covers the Articles 19(1) (a), 21 and 25 of the Indian constitution, which gives right to all citizens’ freedom of speech and expressions, permits the state to make any law in so far as such law impose reasonable restrictions on the exercise of the rights conferred, and the prevention of food adulteration act 1954, quoted relevant provisions under part VII PACKAGING AND LABELLING OF FOODS.

ARTICLE 19(1) (A)

“TO FREEDOM OF SPEECH AND EXPRESSION”

 Citation used under this article,

1.    State of U.P vs. raj Narayan and others

2.    Secretary, ministry of information and broadcasting, govt. of India and others vs. cricket association of Bengal and others.

3.    Kesavananda Bharati vs. state of Kerala.

ARTICLE 21

“PROTECTION OF LIFE AND PERSONAL LIBERTY”

“NO PERSON SHALL BE DEPRIVED OF HIS LIFE OR PERSONAL LIBERTY EXCEPT ACCORDING TO PROCEDURE ESTABLISHED BY LAW”.

Citation used under this article. 1. Kharak singh vs. state of U.P

ARTICLE 25

“FREEDOM OF CONSCIENCE AND FREE PROFESSION, PRACTICE AND PROPAGATION OF RELIGION”

Citation used under this article:

1.    In Ratilal Panachand Gandhi vs. state of Bombay.

2.    In Bijoe Emmanuel and others vs. state of Kerala and others

ORDER PASSED BY THE SUPREME COURT:

After observing all facts and terms of the petition and citation cases referred for supporting the petition by the petitioner counsel the court directs as,

1.    Where a cosmetic or drug other than life saving drug or food products as the case may contain ingredient of non -vegetarian  origin the package shall carry a red mark or red label.

 

2.    Where a cosmetic or drug other than life saving drug or food products as the case may contain ingredients wholly of vegetarian  origin the package shall carry a green mark or green label.

 

     3. Where a cosmetic or a drug other than life saving drug has ingredients of vegetarian or non-vegetarian origin a declaration shall be made in writing on the package indicating the nature of the origin of the product

CONCLUSION:

Thus the right to be informed as a customer is very important base of any society, their rights should not be infringed on any conditions, this case again a proven example that this society considers and always giving prior importance to thoughts and safety of every consumers. Be aware of your rights and own it according to the law.