MP High Court Refuses To Quash Summons Against CocaCola For Expired ‘Maaza’ In Restaurant, Says Manufacturer Should Recall Such Products
safefoodmitra.com · 2023-10-27 09:51:24
While dismissing the petition filed under Section 482 of CrPC by the Company and its nominee, the court observed that the former was responsible for ensuring that none of the food products deemed as unsafe post expiry period remain in the store of the retailers, even if the product is not directly sold to the end consumer by the Company. Under Section 27 of the Food Safety and Standards Act, the liability of the manufacturers, packers, wholesalers and distributors for the sale of unsafe food products is enumerated. The single judge bench of Justice Vivek Rusia also held that it is still unclear as to whether the manufactured drink reached the distributor and the retailer well before its printed expiry date of 02.08.2012. The court opined that it is an issue that must be decided at the stage of trial by the Judicial First-Class Magistrate after relying upon sufficient evidence.