Bombay HC Allows Amazon to Destroy Expired Food Stock at Bhiwandi Unit
The Bombay High Court on Monday permitted Amazon Retail India to prepare an inventory of expired food items lying at its Bhiwandi warehouse and destroy them under the supervision of the Food and Drug Administration (FDA). A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad ordered the arrangement while hearing Amazon’s petition challenging the cancellation of its food licence by the regulator.
Under the court’s direction, Amazon must prepare an inventory of all expired goods at its Bhiwandi facility within a day and hand it over to the concerned FDA officer for verification. The expired food items will subsequently be destroyed in accordance with the FDA's advisory dated November 3, 2025.
The legal dispute follows action taken by the FDA against the e-commerce company's warehouse after the regulatory authority alleged that expired food products meant for disposal were being redirected into the retail market. Amazon has denied the allegations and contested both the initial suspension and the subsequent cancellation of its food licence in court.
During Monday's proceedings, Government Pleader Neha Bhide informed the court that the FDA issued notices after discovering that disposal operations were not being conducted according to prescribed norms. Bhide noted that Amazon had failed to produce CCTV footage or documentation relating to the disposal of the expired products.
Representing Amazon, counsel Dhond submitted that FDA officials inspected the Bhiwandi warehouse on June 24 and suspended its licence the following day without issuing an improvement notice. Dhond argued that the dispute pertained strictly to the disposal of expired food items rather than the overall functioning of the warehouse, and questioned the regulator’s decision to cancel the licence while an appeal against the suspension was still pending.
The High Court suggested the mutual arrangement to destroy the stock under FDA oversight, which was agreed upon by both parties. The bench had previously criticized the FDA's enforcement approach, observing last week that while the regulator's efforts were appreciated, it was required to act systematically and follow due procedure.
The court issued notices to the respondents and scheduled the next hearing for August 27. The FDA and other respondents have been directed to file their affidavits in reply by August 20.
