IMPORTANT POINT
Drugs and Cosmetics Act, 1940 or Rules framed thereunder do not mandate mentioning or displaying symbol of ingredients of non-vegetarian or vegetarian origin. Without fruitful consultation with Drugs Technical Advisory Board, no amendment can be made or suggested to change the label of drugs and cosmetics.

ORDER

P.D. Kode, J.— Heard Shri Chinoy, learned Senior Counsel appearing on behalf of the Petitioners, learned counsel for the Union of India and the learned AGP for the State of Maharashtra.

2. The Petitioners are aggrieved by the Notification which has been issued by the Government of India dated 16th June, 2014 in exercise of powers confirmed by sub-section (1) read with clause (j) sub-section (2) of Section 52 of the Legal Metrology Act, 2009 (1 of 2010) and by virtue of the said Notification, have introduced the sub-rule (8) of Rule 6 of the Legal Metrology (Packaged Commodities) Rules, 2011,which reads as under:

“(8) Every package containing soap, shampoos, tooth pastes and other cosmetics and toiletries shall bear at the top of its principal display panel a red or as the case may be, brown dot for products of non-vegetarian origin and a green dot products of vegetarian origin.”

It is submitted by the learned Senior Counsel for the Petitioners that in a Public Interest Litigation, which has been filed in Delhi High Court, a direction was sought, directing the Union of India to amend the provisions of the rules in respect of the Drugs and Cosmetics Act and thereby make it necessary for the manufacturers to mention on the products whether it contains ingredients of vegetarian or non-vegetarian origin. This order was challenged by the Petitioners in the Apex Court and the Apex Court, inter alia, set aside the judgment and order passed by the Delhi High Court and has observed that as long as the Union of India does not amend the rules which are framed under the Drugs and Cosmetics Act, the said direction could not be given by the Delhi High Court. It is, therefore, submitted that as of today, the judgment and order passed by the Delhi High Court has been set aside and it is no longer obligatory on the part of the Petitioners to mention that such a product contains vegetarian and non-vegetarian ingredients. It is submitted that the Union of India by amending Rule 6 of the Legal Metrology (Packaged Commodities) Rules, 2011 and adding sub-rule (8) sought the same amendment, requiring the Petitioners to mention on every package whether the package containing vegetarian origin or non-vegetarian origin.

3. Shri Chinoy, learned Senior Counsel has submitted that the Apex Court having set aside the direction given by the Delhi High Court in the case of Indian Soaps and Toiletries Makers Association v. Ozair Husain and Others, (2013) 3 Supreme Court Cases 641 it is not now open for the Union of India to amend the rules under the Legal Metrology Act, which Act essentially was passed to establish and enforce standards of weights and measures, regulate the trade and commerce in weights, measures and other goods which are sold or distributed by weight, measures or numbers and for matters connected therewith or incidental thereto and, as such, the amendment is not within the purview of the powers vested to Union of India under the Legal Metrology Act and the said power is solely vested under the Drugs and Cosmetics Act.

4. The learned counsel appearing on behalf of the Union of India seeks some time to take instructions.

5. Ms. Shastri, learned AGP for the State submits that since the first rule has been amended, the State Authority will have to enforce the said rule. Our attention is invited to Section 18 of the said Act. It is submitted that by the said amendment in the rules, it is obligatory on the part of the manufacturers to make such declaration and particulars which have been prescribed. It is submitted that, therefore, it is incumbent on the Petitioners to make such a declaration.

6. We have perused the judgment of the Apex Court in the case of Indian Soaps and Toiletries Makers Association (supra). The Apex Court in paragraph 26 in terms held that declarations of labels of cosmetics or drugs cannot be amended without fruitful consultation with the Drugs Technical Advisory Board. The said paragraph reads as under:

“26. The Drugs