Bombay HC Dismisses Plea Against FDA Ban on Junk Food Near Schools

MUMBAI — The Bombay High Court has dismissed a petition filed by a Pune-based canteen operator challenging a Food and Drug Administration directive that restricts the sale of high fat, sugar, and salt (HFSS) foods within school premises and within 50 metres of school gates.

A division bench comprising Justice Riyaz Chagla and Justice Firdosh Pooniwalla ruled that the petition was misconceived and premature, particularly because no action had been taken against the petitioner by the food safety commissioner.

The petition was moved by Ashish Bhide following the enforcement of the Food Safety and Standards (Safe Food and Balanced Diets for Children in School) Regulations, 2020. According to the petition, while the regulations came into force in July 2021, two of the specific provisions prohibiting the sale of HFSS foods had not been enforced at the time.

On July 28, the food safety commissioner issued an administrative order directing the implementation of the two regulations.

Following that directive, the headmistress of NMV Girls High School and Junior College issued a communication on August 4 directing Bhide not to sell HFSS foods. Bhide subsequently approached the high court to challenge the measure.

Appearing for the state, advocate Priyabhushan Kakade submitted that the FDA order was issued for the betterment of students and noted that it had been welcomed by parents.

After perusing the communication sent by the headmistress, the bench observed that it was not a punitive order. Instead, the judges noted that it was a letter requesting Bhide to consider the health of students and refrain from selling such products in his school canteen.

Holding that the petition lacked merit and was premature in the absence of coercive administrative action, the court dismissed the plea.