Delhi High Court Seeks Responses on PIL Against Non-Dairy Paneer

The Delhi High Court sought responses on Wednesday, October 14, 2024, from the Food Safety and Standards Authority of India (FSSAI), the central government, and the Delhi government regarding a public interest litigation challenging non-dairy products marketed as paneer. The bench, comprising acting chief justice Nitin Sambre and justice Sanjay Sharma, issued notices and asked the respondents to file their replies within six weeks.

Petitioners argue consumer deception and health rights

Law student Ridhima Singh and advocate Avlokiteshwar Padmapani Sidharth filed the petition. They contend that paneer is a standardised dairy product under food safety rules and that non-dairy analogue products, made with ingredients like vegetable fat instead of milk, lack the same nutritional value. The plea links the right to receive genuine food to the fundamental right to health under Article 21 of the Constitution.

The petitioners stated that consumers in hotels, restaurants, or through food delivery have no way to know if a dish labelled 'paneer' contains the real dairy product or a substitute. The petition does not seek a blanket ban on all dairy analogue products but targets their alleged misrepresentation as conventional milk-based paneer. It seeks urgent directions for sampling and testing during the ongoing Navratri and Dussehra festive season to prevent consumer misleading.

FSSAI draft amendment aligns with petition goals

On September 24, FSSAI issued a draft amendment proposing to restrict the manufacture and sale of products made from non-milk ingredients under the paneer name. The amendment seeks to add 'paneer made of constituents not derived from milk' to the list of prohibited substances.

If enacted, the rule would require products already licensed as 'Analogue in Dairy Context' to remove the word 'paneer' from their name, labelling, and marketing. This draft regulation has not yet come into force.

Authorities claim action already underway

The petitioners asserted that food safety authorities in Maharashtra, Gujarat, Punjab, and Chhattisgarh have already taken preventive and enforcement measures against analogue paneer under the FSSAI Act. They argue Delhi, as one of the largest markets for paneer, requires stronger inspections and enforcement.

Delhi government standing counsel Sameer Vashisth stated that the government was taking action against the sale of analogue paneer and acted as soon as such instances came to its notice. The bench acknowledged the claim, noting, 'They are doing it, they have placed the statistics (before us) to that effect.' The PIL seeks directions for the effective implementation of the Food Safety and Standards Act, 2006, in Delhi.

Next steps: replies and festive season scrutiny

The court's notice is not a final ruling. Further proceedings will determine how the court addresses the petition alongside the regulator's proposed amendment. Any final outcome could impact food manufacturers, restaurants, and consumers seeking clear ingredient information.

Respondents must file replies within six weeks as directed by the court.