Gujarat High Court Issues Notice in PIL Alleging Illegal Packaging of Edible Oil in Reused Containers

 

The Gujarat High Court has issued notice on a public interest litigation raising serious concerns about the illegal packaging of edible oil in reused containers. The petition, filed by an advocate on behalf of consumers, alleged that numerous shops and wholesale distributors engaged in the practice of refilling or repackaging edible oil — including mustard oil and other edible oils — into containers that had previously been used for other products. According to the petitioner, this practice is not only unlawful but also poses significant health risks to the public, given that reused containers may be contaminated, improperly cleaned, or structurally unsound, risking adulteration and deterioration of the oil’s quality.

The petitioner pointed out that consumers often purchase edible oil in branded containers sold by licensed manufacturers under strict food safety norms, but in many parts of Gujarat, especially in smaller towns and markets, vendors were allegedly refilling oil into discarded branded bottles or unlabelled containers. This practice, he argued, misled consumers into believing they were buying genuine, branded products when in reality the oil could be inferior or unsafe. The petitioner also raised concerns about compliance with the Food Safety and Standards Act and related rules, stating that the act expressly prohibits any repackaging or labelling that could mislead or deceive buyers. He further asserted that food business operators must ensure traceability and integrity of food products, and the alleged reuse of containers ran counter to these statutory obligations.

During the hearing before a division bench of the High Court, the Court expressed serious concern over the allegations and their potential impact on public health. The bench noted that edible oil is a staple in everyday consumption, and any compromise in quality or misrepresentation could have widespread consequences. Observing that food safety is a matter of paramount importance, the Court agreed that the issues raised in the petition warranted a detailed response from the State.

Consequently, the High Court issued notice to the Union of India, the State of Gujarat, the Food Safety Commissioner, and other relevant authorities, directing them to file their replies and explain the steps being taken to monitor, regulate, and prevent illegal repackaging of edible oils. The respondents were asked to indicate whether inspections were being routinely conducted, and if so, what measures were in place to curb illegal practices by edible oil dealers and distributors. The Court also sought information on whether educational campaigns or awareness initiatives had been carried out to inform consumers of the risks associated with purchasing edible oil from dubious sources or reused packaging.

The Court’s order underscored that while the sale of food products is essential to everyday life, the State has an obligation to ensure that such products meet requisite safety standards and that consumers are protected from deceptive trade practices. The bench emphasised the need for regular surveillance by food safety officers, enforcement of labelling and packaging norms, and penal action against offenders. It directed that the replies be placed on record within a specified timeframe and listed the matter for further hearing thereafter.

By issuing notice, the High Court has signalled that the judiciary will closely scrutinise food safety governance and consumer protection, especially where there are credible allegations of systemic violations. The petition brought to light the dichotomy between formal regulatory mechanisms and actual practices on the ground, and the Court’s intervention aims to bridge this gap to safeguard public health. The case will now proceed with submissions from government authorities detailing their enforcement and monitoring strategies regarding edible oil packaging standards.

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