PRODUCT APPROVAL PROCEDURE

Delhi High Court dismisses the appeal of Marico Limited in the case of comparative advertising case Marico Limited vs Adani Wilmar Limited

Marico Limited filed two suits seeking permanent injunction restraining Adani Wilmar Limited from broadcasting, publishing and printing the advertisement of its product “Fortune”. Both the companies are the manufacturers of rice bran oil. Saffola is the brand name of the plaintiff’s product and the brand name of the defender is “Fortune”. The plaintiff argued that the advertisement of the defendant disparaged the goodwill and reputation of Saffola. The suite is a unique example of controversial comparative advertising
The plaintiff raised objections to the following claims and statements issued by the “Fortune” rice band oil in print and visual media.

• The healthiest cooking oil of the world.
• 100% RBO being 100% healthy.
• Healthier than other cooking oils.(It means it is healthier than Saffola brand rice brand oil)
• The product is good for not only heart; it is also good for cholesterol immunity, skin and hormones.

The plaintiff claimed that

• The advertisings are factually incorrect, vague and misleading.
• The claims were not scientifically or technically established.
• The advertisement was comparative in nature and it intentionally puffed up the competitor’s product.
• The reputation and the standing of the plaintiff were damaged due to the unfair and disparaging advertisement.
• The claims of the defendant violated S. 24 of the Food Safety and Standards Act, 2006.

The senior counsel of the plaintiff raised the following points in his arguments:-
The claim of highest Oryzanol content in Fortune oil is a misleading fact. Under the Food Act and the Notifications It is mandatory to have Oryzanol content not less than 1% in rice ban oil. As Saffola brand of the plaintiff is the mix of rice ban and other cooking oils, it also contains the same proportion of Oryzanol. No document was submitted by the defender in support of the claim that Oryzanol reduces the chance of cancer.
The claims of health benefits by defendants are derived from the popular beliefs or newspapers. There is no scientific evaluation of the claim.
The defendant produced a paper submitted by Mr. Michihiro Sugano and Mr. Etsuko Tsuji titled RBO and Cholesterol Metabolism presented at VIIth Asian Conference of Nutrition it is shown that the finding is of blend of 7 parts of RBO with 3 parts of Safflower Oil unexpectedly enhancing the cholesterol-lowering potential of RBO. Therefore, the claim “100% RBO being 100% healthy” is also false and misleading.
The plaintiff also informed that they also lodged a complaint against the advertisement with the Advertising Council of India and which complaint was partly allowed.
The senior counsel of defendant (Adani Wilmar Ltd.) contended that the said advertising only highlighted the qualities of their product Fortune without disparaging the goodwill of plaintiff’s product. In support of their claim, “100% RBO being 100% healthy”, they produced the documents three other RBOs namely ‘Ricela’, ‘Nutrela’ and ‘California Rice Oil Company’ which also claimed that the RBO is the healthiest oil. He also argued that the plaintiff has accused only the defendant, said nothing against the other three.
The division bench said that the court did not get any evidence of denigrating the plaintiff product in its advertising. The advertising informed the consumers that Oryzanol content in Saffola is less than Fortune. The plaintiff did not dispute the cholesterol reducing ability of Oryzanol or presence of Oryzanol in Saffola and Fortune . The court also observed that the advertisement was about showing that the defendant’s product was sufficient to meet the requirements of human body.
The court dismissed the appeal of defendant on the basis of its observation. Court also gave permission to Marico for withdrawing the appeal on 18th. April, 2013. Marico withdrew its appeal on 29th. April, 2013.

309 packaged water units on strike

Chennai: Over 309 ISI certified packaged drinking water units belonging to TN Packaged Drinking Water Manuf­acturers Association (TNDWMA) have stopped production since Wednesday, protesting the closure of 103 units in Ch­ennai, Kancheepuram and Tiruvallur by TNPCB (TN Pollution Control Board) for not obtaining pollution control license.
Chennaiites rely solely on packaged drinking water owing to uncertainty over supply from the fast depleting city reservoirs, which only store 2.6tmcft, against total joint storage of 11.057tmcft.
TNDWMA on Thursday petitioned the CM to drop the charges against the 103 units and relax the rule making it mandatory to avail TNPCB license.
“There is no need to get TNPCB nod," argued TNDWMA patron V. Murali. Claiming that all units have BIS and FSSA (food safety and standard aut­hority of India) quality ce­rtification and over 50 tests were conducted be­fo­re supplying people, Murali said if the water did not conform to central standards, BIS closes the unit.
As per TNPCB norm, every 10,000 litre capacity plant should have one hectare of land to discharge residual water. "Over 90 per cent units are small scale industries that produced over 2000 cans. How could they afford so much land in Chennai?" Murali wondered threatening not to restart production.

Officials launch ‘mango raids’

• As mangoes have already flooded the wayside stalls from the neighbouring states, the Food Safety authorities are finding it hard to conduct regular checks on these seasonal fruits.

With the mango season in full swing, the Food Safety authorities have also geared up to meet the challenges posed by the artificial ripening of the fruit using chemicals. 

As mangoes have already flooded the wayside stalls from the neighbouring states, the Food Safety authorities are finding it hard to conduct regular checks on these seasonal fruits. However, the authorities have intensified their drive against the sale of mangoes which have been allegedly ripened using chemicals. They raided many wholesale and retail shops in the district and seized large quantities of the fruit.

With complaints rising, the authorities have decided to intensify the drive in the coming days. The authorities said that apart from Calcium carbide, ethereal chemicals are also sprayed on the mangoes for ripening.

The Food Safety departments in the neighbouring states had informed the Food Safety authorities here about the use of plant growth regulator hormones for ripening mangoes. After the report from the neighbouring states, the Food Safety authorities here took about 70 samples of mangoes, which were allegedly ripened using such chemicals, from various markets across the state. The samples have been sent to the Government Analytical Lab. Officials said that prosecution proceedings would be initiated only after the  results are received.

Though the Food Safety authorities have intensified their drive, sale of mangoes is rampant in many parts of the district.

Government draws up plan to act tough on food safety norms

The State Government has decided to strictly enforce food safety standards in view of the mushrooming of roadside eateries and hotels.
It has been decided that food safety standards will be enforced by a single authority. Earlier, this was done by several authorities. Food safety standards will be enforced by the food safety commissioner who will be assisted by officials at different levels.
Director of Public Health will be designated as Commissioner, Food Safety. The Food Inspectors will be designated as Food Safety Officers.
Official sources said 12 new posts will be created. There will be 38 Food Safety Officers with 30 out of them posted at district level and eight in urban local bodies. It has been proposed to declare the additional district magistrates (ADMs) of all districts as adjudicating Officers.
Implementation of food safety standards will be governed as per the Food Safety and Standard Act, 2006 which envisages developing an effective enforcement machinery to ensure safety in sale and consumption of food. The Act has integrated 8 different Acts and orders like Prevention of Food Adulation Act, 1954; Fruit Products Order, 1958; Vegetable Oil Products (control) Order, 1947; Edible Oil Packaging (regulation) Order, 1988; Solvent Extracted Oil Deoiled Maal and Edible Flour (control) Order, 1967; Milk and Milk Products Order, 1992 and other orders relating to food under Essential Commodities Act, 1955.
Food Safety and Standards Authority of India has also started functioning as a regulatory body under Ministry of Health and Family Welfare.
All food dealing business units having annual turnover of more than ` 12 lakhs will have to avail licence and the shops having less than ` 12 lakh turnover will have to be registered.
It has been decided that a steering committee at the State level will be constituted under the chairmanship of the Chief Secretary and the district committee will be constituted under the chairmanship of respective Collectors.
It has also been decided that five cluster food testing laboratories will be set up in the State. Each cluster will cover 4 to 5 districts.
Mobile food testing laboratory will be set up to cover remote area, large public congregations and disease outbreak areas. The clusters will be developed in urban areas like Berhampur, Cuttack, Puri, Balasore and Rourkela.
Official sources said a decision has been taken to involve panchayatiraj institutions in implementation of the Act with technical support from primary health centres.

Dinamalar & Dinakaran

தமிழகத்தில் பான், குட்காவுக்கு ஓரிரு நாளில் தடை

தமிழகத்தில் பான், குட்காவுக்கு அரசு தடை விதித்துள்ள நிலையில், அதற்கான அரசாணை ஓரிரு நாளில் வெளியிடப்படும் என, தெரிகிறது.புகையிலையால் ஏற்படும் பல்வேறு வகையான புற்று நோய்களைத் தடுக்கும் வண்ணம், தமிழகத்தில், குட்கா, பான் மசாலா போன்ற சுவைக்கும் புகையிலைப் பொருட்களுக்கு தடை விதிக்கப்படும் என, முதல்வர் ஜெயலலிதா, சட்டசபையில், 110வது விதியின் கீழ், கடந்த, 8ம் தேதி அறிவித்தார்.இதன்படி, புகையிலைப் பொருட்கள் தயாரிக்கவும், சேமித்து வைக்கவும், வினியோகம் செய்யவும், விற்கவும் தடை விதிக்கப்படுகிறது. கடைகளில் விற்பனை கட்டுக்குள் வந்திருந்தாலும், மறைமுகமாக, பதுக்கி வைத்து விற்பனை செய்வது தொடர்கிறது. இதை தடுக்கும் நடவடிக்கைகள் இன்னும் துவங்கப் படவில்லை.இதுகுறித்து, வணிக வரித் துறை அதிகாரிகள் கூறுகையில், "வரி ஏய்ப்பு நடந்தால் மட்டுமே நடவடிக்கை எடுக்க முடியும். பான், குட்கா தடைக்கான நடவடிக்கைகள் எல்லாம், உணவு பாதுகாப்புத் துறை தான் மேற்கொள்ளும்' என்றனர்.இதுகுறித்து, உணவு பாதுகாப்புத் துறை அதிகாரி ஒருவர் கூறுகையில், "பான், குட்கா மற்றும் சுவைக்கும் புகையிலைப் பொருட்களுக்கு தமிழக அரசு தடை விதித்துள்ளது. விற்பனை செய்யக் கூடாது என, அறிவுறுத்தியுள்ளோம். எனினும், இதற்கு முறையாக அரசாணை வெளியானதும், நடவடிக்கைகள் துவங்கும்; அரசாணை, ஓரிரு நாளில் வெளியாகும்' என்றார்.

Tobacco firms press to end ban on gutkha

With the one-year ban period on the sale of gutkha and paan masala fast drawing to a close in two months'time, the authorities are coming under pressure from tobacco companies and even certain politicians not to extend the ban.

Dr Pankaj Chaturvedi of Tata Hospital, who spearheaded the campaign that resulted in the ban has said that he has been facing tremendous pressure from various politicians not to re-notify the ban for a second year.

Tata Hospital apart, the commissioner of Food and Drugs Administration (FDA) is also under pressure from tobacco companies which are supported by few politicians, not to support extension of the ban, according to sources from the FDA.

The ban was implemented after the Food Safety and Standards Act was passed, stating that no product should contain any substance injurious to health. Tobacco and nicotine, it specifically mentioned, should not be used as ingredients in any food products.

The FDA has to submit a report to the government by July 19, regarding extension of the ban.

Speaking to Mumbai Mirror, Dr Chaturvedi who is associate professor of the Head & Neck Dept of Tata Hospital, said that with the deadline fast approaching, representatives of the tobacco lobby were frequently meeting him and even writing to him not to re-notify the ban. "While they want the ban on both gutkha and paan masala to be lifted, they have said that if not gutkha, at least I should not peruse the banning of paan masala. I don't want to mention names, but a couple of politicians too approached me, asking me why Tata Hospital wanted to intervene in the matter, and to let the State decide."

Recently, the FDA commissioner met with Tata Hospital doctors, the Salaam Bombay Foundation and other anti-tobacco activists to seek their opinion on the extension of the ban.

Dr Chaturvedi said, "Some tobacco companies want paan masala to be excluded, but how can we do that? Our study clearly suggests that paan masala too contains certain supari which causes cancer and other respiratory problems. In fact, we have patients who only chewed paan masala, but are suffering from mouth cancer. We will place such facts before the State Cabinet."

In India, 10 lakh smokers and tobacco chewers die every year. Over 90 per cent cases of oral cancer are caused by tobacco use.

An FDA official, on condition of anonymity, said that in the past year FDA seized around Rs 16 crore worth gutkha and paan masala in the state. "Obviously tobacco companies are unhappy about this and their representatives have been frequenting the FDA office, trying to convince the authorities that paan masala should be deleted from the ban clause," he said.

Denmark warns against rice-based cereals for children

Copenhagen, May 16:  

Denmark’s Veterinary and Food Administration said on Wednesday that parents should stop giving their children rice cakes and rice milk, saying the products contained unacceptable levels of inorganic arsenic.

The food safety authority said inorganic arsenic, a known human carcinogen, is naturally found in rice.

“People who eat foods with inorganic arsenic every day have an increased risk of cancer,” the authority said in a news release published on its website.

It added that parents should be “particularly careful” in relation to children due to their high intake relative to their body weight.

“Avoid rice drink and rice milk for children,” the authority said in recommendations on rice products, adding that children should not be served rice-based hot cereals every day.

It added that it had already begun new tests of other rice products to determine contents of inorganic arsenic, including products such as rice-based breakfast products and rice noodles. Analyses of these products were expected to be made public in July, the authority said.

In November 2012, US-based Consumerreports.org tested 200 different rice products finding both organic arsenic and “significant levels” of inorganic arsenic in almost all products. The organisation called for US federal standards to be introduced for arsenic in foodstuffs.

Safety checks on at mango trading centres

Fruit allegedly sprayed with chemicals for ripening could pose health hazard

Officials of the Food Safety Wing have been conducting inspections in mango wholesale trading centres across the State for the past two days, following reports that mangoes sold in the State were heavily sprayed with chemicals and that these could be a health hazard.
Ninety-seven samples of mangoes, suspected to have been sprayed with chemicals, have so far been sent to the Government Analytical Laboratories to test for the presence of chemicals.
In the inspections held on Thursday, 55 kg of raw mangoes were seized from Malappuram district after the Food Safety officials found that these were being ripened using calcium carbide. A fine of Rs.20,000 was imposed on the trader concerned. Last month too, Food Safety officials had seized and destroyed huge quantities of mangoes brought in from other States, after detecting calcium carbide along with the consignment.
The Commissioner of Food Safety said that their counterparts in neighbouring States had given the information that chemicals like Ethrel/Ethephon, which are plant growth regulators used for improving the growth of plants and for increasing productivity in orchards, were being sprayed by traders on mangoes to ripen them.
He said that the information had been passed on to the Science and Research wing of the Food Safety and Standards Authority of India. Details had been sought on the possible harmful effects these chemicals could have on those who consume the fruit.
The Food Safety Commissioners in Tamil Nadu, Karnataka and Andhra Pradesh have been requested to conduct stringent tests on the quality and safety of tomatoes, mangoes, pineapple and banana dispatched to Kerala, he added.
Food safety wing will continue their inspections on Friday also.

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55 kg raw mangoes seized from Malappuram

Neighbouring States asked to conduct strict tests

Adjudicating Officer imposes fine of Rs.30000

UDHAMPUR : The Additional Deputy Commissioner, Udhampur, Surat Singh who is also the Adjudicating Officer under Food Safety and Standard Act, 2006  has imposed a fine to the tune of  Rs. 20,000 on  Punjab based manufacturer  and Rs.5,000 each on  the wholesalers and retailers under the provisions of the Food Safety and Standard  Act 2006.
According to an order a penalty of Rs. 20,000  has been imposed on manufacturer Noni Food and Beverages Grewal Nagar Hambrah Ludhiana (Punbjab) and Rs. 5,000 each on the wholesaler and retailer  M.M Trading Corporation, near Hambrah Bye Pass Sidhara, Jammu  and Rajesh Kumar, son of Ram Lal resident of H.No.193, W. No. 16 Udhampur respectively.
The accused persons have been directed to deposit the penalty in District Treasury, Udhampur by or before 18th May, 2013 under Major Head -0210/ Med against proper receipt.
The complaint was lodged under section 26(2) (ii) /52 of  Food Safety and Standard Act, 2006  and rules made there under by the Food Safety Officer, Udhampur through Advocate Anuj Bakshi.

WATERLESS SUMMER HAS CHENNAI WORRIED

POLLUTION CONTROL BOARD TO CONTINUE RAIDS, CORPN WILL HELP TEST WATER 

     The pollution control board’s crackdown on illegal water packaging units may have been long overdue but, for the 20 lakh families that depend on the bubbletop cans, the timing could not have been more inopportune.
    Tamil Nadu Pollution Control Board has over the past 10 days shut down operations at 103 units, or around 35% of all packaged water manufacturers in Chennai, Kancheepuram and Tiruvallur, and has promised to take action against other unauthorised units in the city.
    A senior TNPCB official said the board was acting on an order from the National Green Tribunal. The tribunal directed the board to take action against unauthorised units — those that were functioning without the consent of board. “We will carry out more raids in the coming days,” he said.
    “Water packaging units have to receive consent from the board under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981,” a TNPCB environment engineer said. But residents are worried they
will not have water to drink in the peak of summer. “What Metrowater and private tankers supply is unfit to drink,” said Sajan Xavier, who lives off Anna Salai. “Because of the strike some retailers are charging a premium for water cans they have in stock.”
    Tamil Nadu Packaged Drinking Water Manufacturers Association said the units that were shut down followed all the norms required to ensure the water they supply is potable. “We supply purified groundwater without adding chemicals. None of our BIS-certified units cause pollution,” said association patron V Murali. “The pollution control board’s allegation that the units are letting out sewage is false.”
    “It is not possible for all units to have 2.5 acres of land as the guidelines stipulate,” he said. “This kind of action will affect small-scale manufacturers and help multinational firms. The government should interfere and revolve the issue.”
    A TNPCB official who conducted checks at the units that were shut down refuted the association patron’s claims. “Most of the units operated out of congested rooms with no facilities for purification.” he said.
    While the TNPCB has promised to continue to take action against unauthorised units, officials of the state food safety department and Chennai Corporation said they will test water samples from across the city for contamination. They are likely to be accompanied by health officials from corporation, which will provide the food safety department vehicles, manpower and testing equipment.
    The civic body has begun testing quality of water being supplied by Metrowater. “We check for residual chlorine levels and brackishness which is a straightforward test,” a corporation official said. “Residual chlorine kills most harmful bacteria.”
    “We have asked our officers to conduct joint raids with the food safety department. We will collect samples and test them in our labs,” he said.
IF YOUR WATER IS UNSAFE, CALL TNPCB: 044-26268603 BIS: 044-22541442 Food safety department: 044-23813095 Chennai Corporation: 1913 Metrowater: 044-45674567

Experts fear that contaminated water will flood city shops

    The water you buy from your neighbourhood grocer is probably full of disease-causing bacteria packaged in an illegal manufacturing unit. Among the contaminants that regularly show up in laboratory tests are fecal coliform like E. coli that causes diarrhoea, nausea, vomiting and gastric diseases. Some of the pathogens can lead to infections of the lungs, liver, kidneys, nervous system and skin. The water may also have bacteria that cause cholera and typhoid.
    Corporation health officials say the indefinite strike by BIS-certified packaged manufacturing units over the closure of 103 units by the Tamil Nadu Pollution Control Board could have a deadly fallout. “The strike may result in a proliferation of unregistered packaged water units,” an official said. “These units are likely to start operations in a hurry to make the most of the situation. They are unlikely to pay any attention to hygiene.”
    With the Tamil Nadu Packaged Drinking Water Manufacturers Association in no mood to relent, the strike could
continue for a prolonged period. Association patron V Murali said the board had sealed only BIS-certified units. “These are authorised units,” he said. “There are hundreds of illegal manufacturers across the city. If our strike continues, unlicensed units will flood the market with contaminated water and cause public health problems.”
    Public health experts say the water cans manufactured even by licenced units are often dirty, overused and damaged. “Some illegal operators fill branded bubbletop cans with water from borewells,” an expert said. “Some units use tap water and follow unsafe storage practices. A can should not be refilled more than 35 times, but nobody bothers about how many times a can is refilled.”
    Consumer rights activists point out that there is no mechanism to keep a check on illegal manufacturing units. Consumer rights activist R Desikan says most illegal manufacturing units draw water from borewells in agricultural land which is against the rules. “Water taken from agricultural land should not be used for commercial purposes,” he said. “The authorities failed to take any action against this illegal practice for a long time.” Sources say close to 45% of all water packaging units in the city are unlicensed. Some firms set up shop only during summer, when demand peaks.

குடிநீர் நிறுவனங்களின் மின் இணைப்பு துண்டிப்பு

சென்னை : அனுமதியில்லாத, 92 குடிநீர் நிறுவனங்களை மூட உத்தரவிட்ட, மாசு கட்டுப்பாட்டு வாரியம், அடுத்த கட்ட நடவடிக்கையாக, நிறுவனங்களின் மின் இணைப்புகளை, அதிரடியாக துண்டித்துள்ளது. தமிழகம் முழுவதும், பாதுகாக்கப்பட்ட குடிநீர் தருவதாகக் கூறி, ஏராளமான நிறுவனங்கள் பெருகி விட்டன. ஐ.எஸ்.ஐ., தரச் சான்று பெற்றிருந்தாலும், தரம் குறைவாக இருப்பது, இந்திய தர நிர்ணயத் துறை நடத்திய ஆய்வில் தெரிய வந்தது.

இந்த விவகாரம், தேசிய பசுமைத் தீர்ப்பாயம் (தென் மண்டலம்), தாமாக முன் வந்து வழக்கு பதிந்து விசாரித்து வருகிறது. அனுமதியில்லாத குடிநீர் நிறுவனங்களை மூட உத்தரவிட்டது. இதையடுத்து, மாசு கட்டுப்பாட்டு வாரியம் அதிரடி நடவடிக்கையில் இறங்கியது.

சென்னை, காஞ்சிபுரம், திருவள்ளூர் மாவட்டங்களில், அனுமதியின்றி செயல்படுவதாக கண்டறியப்பட்ட, 98 குடிநீர் நிறுவனங்களில், 92 நிறுவனங்களை மூட உத்தரவிட்டது. இதைத் தொடர்ந்து, மின் வாரிய அதிகாரிகள் ஒத்துழைப்புடன், இரண்டு நாட்களாக, மின் இணைப்புகளை துண்டிக்கும் பணிகள் நடந்தன.

இதன்படி, சென்னை- 12, அம்பத்தூர்- 41, திருவள்ளூர்- 21, ஸ்ரீபெரும்புதூர்- 12, மறைமலை நகர்- 6 என, 92 நிறுவனங்களின் மின் இணைப்புகளும் துண்டிக்கப்பட்டு உள்ளன. இதுகுறித்து, மாசு கட்டுப்பாட்டு வாரிய அதிகாரி ஒருவர் கூறுகையில், "அனுமதியில்லாத குடிநீர் நிறுவனங்களின் மின் இணைப்பு துண்டிப்பு விவரங்கள், இன்று, பசுமைத் தீர்ப்பாயத்தில் தெரிவிக்கப்படும்' என்றார்.