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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 14, 20242024-05-14T11:36:40+05:30 2024-05-14T11:36:40+05:30In: Co-operation, Co-operative Law and Business Laws

Discuss the definition of the following with the help of decided case laws, if any, under the consumer protection Act, 1986: a) Adulterated b) Misbranded

Discuss the definition of the following with the help of decided case laws, if any, under the consumer protection Act, 1986:

a) Adulterated b) Misbranded

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-14T11:37:10+05:30Added an answer on May 14, 2024 at 11:37 am

      Under the Consumer Protection Act, 1986, the terms "adulterated" and "misbranded" are used in the context of goods to protect consumers from unsafe or deceptive products. Let's discuss each term along with any relevant case laws:

      a) Adulterated:

      Definition: Adulterated goods refer to products that contain substances or ingredients that are harmful to health or are not in compliance with the standards prescribed under the law. These substances may be added intentionally or accidentally, posing risks to consumer safety.

      Case Law: In the case of Union of India v. Nestle India Ltd., the Supreme Court of India addressed the issue of adulteration in Maggi noodles. The court held that the presence of excess lead beyond permissible limits in the product constituted adulteration, as lead is a hazardous substance harmful to human health. The court emphasized the importance of adhering to food safety standards and protecting consumer health from adulterated products.

      b) Misbranded:

      Definition: Misbranded goods refer to products whose labeling or packaging is false or misleading in a way that deceives or misleads consumers regarding the nature, quality, or characteristics of the product. Misbranding may involve inaccurate labeling of ingredients, false claims about the product's efficacy, or misleading information about its origin or composition.

      Case Law: In the case of Horlicks Ltd. v. State of U.P., the Supreme Court of India addressed the issue of misbranding of Horlicks health drink. The court held that the packaging and labeling of the product misrepresented the nutritional content and health benefits of the drink, leading consumers to believe that it was a complete substitute for milk. The court ruled that such misleading representations constituted misbranding under the Consumer Protection Act and ordered corrective measures to ensure accurate labeling and advertising of the product.

      In both cases, the courts emphasized the importance of protecting consumer interests and health by enforcing strict standards for the safety and labeling of consumer goods. Adulteration and misbranding not only violate consumer rights but also pose risks to public health and safety. The Consumer Protection Act aims to prevent such practices and hold manufacturers accountable for producing safe and accurately labeled products.

      Overall, the definitions of "adulterated" and "misbranded" under the Consumer Protection Act, 1986, focus on ensuring consumer safety and preventing deceptive practices in the marketplace. These provisions empower consumers to seek redressal for harm caused by unsafe or misleading products and promote transparency and accountability in the manufacturing and marketing of consumer goods.

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