The Bombay High Court recently gave the Union government six months’ time to take a decision on making safety sealing mandatory for healthcare and hygiene products.
A Division Bench of Justices Shantanu S. Kemkar and P. D. Naik passed the directive while hearing a public interest litigation (PIL) filed by Advocate Geetanjali Tapan Dutta. The PIL is about pilferage of cosmetics, child care, healthcare and hygiene products.
The PIL states that while in transit from manufacturer to consumer, there is a possibility of contamination and adulteration of the products due to the absence of a seal. It also highlights that at present, there are no mandatory provisions to put the seal.
Additional Solicitor General Anil Singh informed the court that this will be treated as a representation and the appropriate decision will be taken as soon as possible. The court directed him to do so within six months.
Previously, the State had said that there are no mandatory provisions under the Legal Metrology Act, 2009, and hence the sealing of the products cannot be done. However, in October 2014, the Centre said that it is awaiting recommendations from a committee constituted to look into the matter. The additional government pleader representing the State had also said that all creams and lotions are mandatorily sealed under the amended Drugs and Cosmetics Act, 2013.
