Drugs Act Applies To Products Sold As 'Drugs', Not Food Items Certified By FSSAI: Telangana High Court
safefoodmitra.com · 2023-12-07 09:30:32
“It is not mentioned on the label that the item sold is any kind of drug which would treat any disease. Admittedly, the products are Upma, wheat grass, super fiber, tea tox and super juice. The said food items will not fall within the definition of drug. A perusal of the labels does not in any manner make any false claim of treating any disease as a drug. However, a mention is made that the food items are beneficial for health and ailments. It claims that the food items would increase metabolic rate and beneficial for the persons suffering from diabetes, high cholesterol and also would result in loss of weight.”
The Common Order was passed by Justice K Surender in two writ petitions, one filed by True Weight Wellness Private Limited, and another by its directors, to quash the proceedings pending before the Metropolitan Magistrate under Sections 3(d) and 7 r/w Serial No.9, 26 & 47 in the schedule appended to the Act.