Court wants government to check violations, publicise standards for public well-being.
In a ruling having far-reaching consequences, the Delhi high court has directed that all chocolates imported into India must contain details of all the ingredients used in the product. The court further said that the order be implemented before Diwali so that consumers make a reasoned choice.
Justice S Ravindra Bhatt on Friday directed the union health ministry and the consumer affairs ministry to ensure that imported chocolates clearly mentioned their ingredients and the names of the manufacture and importer with their addresses.
The court, which was hearing a trademark suit, noted that Diwali was just days away and said: “Diwali is a celebration of light. Traditionally, the celebration of Diwali begins with the exchange of gifts… Sale of sweets, confectionaries, chocolates, and the like goes up by leaps and bounds. In this background, public health considerations become even more crucial. Often, as in this case, these sweets or chocolates are imported and sold as Diwali packages. The quality and standards for manufacture of these products has to conform to the existing laws. In such instances, it becomes essential that the labels fixed on the packages containing such products should indicate the ingredients, in a clear manner, and also disclose the manufacturer, and importer, with his address, simply to fix responsibility in the event of a mishap or illness.”
The court asked authorities to spread awareness about the existence of such rules so that people are cautious while purchasing imported sweets. The court also directed the ministries concerned to take appropriate steps to publicise the existence of these standards in order to prevent any harm to the health and well being of the general public.
The court was hearing a trademark infringement suit between Ferrero Spa (makers of Ferrero Rocher chocolates) and a rival manufacturer marketing Cherir.
Ferrero had approached the court citing trademark infringement. The court passed a restraining order against Cherir, resulting in the latter’s imported consignment lying locked up. Cherir then sought its release on the ground that it didn’t contain any milk product and was safe for human consumption.
After scientific tests proved that the product had no milk (milk products from China are banned by law), the court granted relief to Cherir so that the consignment could be sold for Diwali, provided that Cherir furnish a bank guarantee of Rs6 lakhs and detailed accounts of sale of the sweets within two months.
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