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Dating troubles

Under the Prevention of Food Adulteration Rules, 1955, and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, it is mandatory for companies to state the manufacturing date, expiry date and the best before date on food items. This has been done so that a consumer is assured that the food item is fresh.

It has, however, been noticed that sometimes the packaging date mentioned is a month or two ahead of the date of purchase. Is such a practice permissible?

Take the case of D K Pandita. He purchased two packets of Good Day biscuits, manufactured and marketed by Britannia Industries, on May 23, 1997. However, to his amazement, the packets bore the manufacturing date June 1997.

Pandita filed a complaint before the MRTP Commission, alleging that Britannia had indulged in unfair trade practices and had adopted deceptive marketing methods. Britannia responded to a notice saying that the packaging material marked May 1997 had run out.

Therefore, packaging material intended for use in June 1997 had been used in May. It also claimed that this was permissible under the Rules 6(1) and Proviso (B) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977.

After hearing both the parties, the commission found in favour of the company. It observed that the provisions of Rule 6(1), "indicate that the packaging material intended to be used during June 1997, could be used for pre-packing of the Good Day brand of biscuit in the previous month, that is May 1997."

In yet another case, before the MRTP Commission recently, the complainant had purchased 10 bottles of Pepsi on June 16, 2000, and 24 bottles on June 17, 2000. When he examined the bottle caps the complainant found that the packaging date was July 2000 even though it was still June.

In his complaint, he alleged that Pepsi was misleading consumers by making false representations about the manufacturing date so that it could take advantage of an additional one month for the 'best before date'.

According to the rules, he averred, six months is the period during which such soft drinks retain their quality. By putting next month's date, he alleged, the manufacturer was indulging in unfair trade practices.

Pepsico India Holding Ltd replied that as per Explanation VIII to Rule 32 (1) of the Prevention of Food Adulteration Rules, 1955, the term 'best before' means the date which signifies the end of the period under any stated storage conditions during which the product will retain the specific qualities for which the claims have been made. It further stated that the aforesaid rule provides that even beyond the said date, the food may still be perfectly satisfactory.

It also submitted that Rule 6(B) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, permits the use of packaging material a month before the printed packaged date if packaging material is exhausted before the expiry of the month indicated thereon.

The commission discharged the notice of enquiry against the respondent holding that the company was within its rights. This may seem unfair but the law does permit it. The product so packaged does not have any infirmity or lack in quality, as the courts have held.

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