Infant Milk Substitutes Feeding Bottles And Infant Foods Regulation Ofproduction Supply And Distribution Act 1992 Section 16 Confiscation Not To Interfere With Other Punishments - Judgment Search Results

J.L. Morison (India) Ltd. and anr. Vs. State of Bihar and ors.

Court: Patna

shall sell, or otherwise distribute any infant 'milk substitute' or infant food1 unless it conforms to the standard specified for such bottle' whereas Sub-section (f) defines 'infant food' and (g) infant milk substitute'. Section 6 provides that without prejudice to the provisions his power conferred under Section 12 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and A prayer has also been made for release of the feeding bottles along with other components seized by the Food Inspector of search and seizure of the premises none of the bottles with nipples contained any standard mark as required under Sub-section 12 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (hereinafter referred to regulate the marketing of such products by providing a regulation for production, supply and distribution. Hence, by Act No. 41 Adulteration Act, 1954, and the rules, no person shall produce, supply, or distribute infant milk substitute or infant food unless every Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (hereinafter referred to as the Infant Act). A providing a regulation for production, supply and distribution. Hence, by Act No. 41 of 1992, it introduced Infant Act' in question. production, supply and distribution. Hence, by Act No. 41 of 1992, it introduced Infant Act' in question. Sub-section (c) of Section contained any standard mark as required under Sub-section (1) of Section 11 of the Act. Therefore, in my view, the Food has been or is being contravened. Likewise, the provisions of confiscation, adjudication of the dispute and imposition of penalty etc. have 21 is a provision to take cognizance of the offence punishable under this Act.7. The brief analysis of the facts noticed

Glaxo India Ltd. Vs. State of Assam and ors.

Court: Guwahati

and infant milk Substitute/infant foods. - (1) An article of infant milk substitutes/infant foods whose standards are not prescribed in Appendix heat. Add a few tea-spoonsful of Glucon-D(r) In soft drinks, milk, tea, coffee, or beverages. Take it in water or as milk Substitute/infant foods. - (1) An article of infant milk substitutes/infant foods whose standards are not prescribed in Appendix 'B', shall Substitute/infant foods. - (1) An article of infant milk substitutes/infant foods whose standards are not prescribed in Appendix 'B', shall be which provides extra energy required by the body and it supplies instant energy for the family. Accordingly preparation of this is under which of the clause of Section 2(ix) of the Act this product would fall. In absence of such material in 1996 SC 1947)3. State of Haryana v. Bhajan Lal (AIR 1992 SC 604)20. Basically both the criminal proceedings are founded on basis of a report of Public Analyst for prosecution under Section 7 read with Section 16 of the Act and the be quashed. Accordingly 'both the criminal proceedings, i.e.,-C.R case No. 1661lc)/1990 pending before the Court of Chief Judicial Magistrate, Kamrup at with Section 16 of the Act for its conviction and punishment. Consequently, this Court is of the opinion that the entire

Nepd Marketing Pvt. Ltd. and anr. Vs. State of Assam

Court: Guwahati

to the packages of aspartame and infant milk substitute and infant food.Provided also that the declaration of best before date for bottle containing sterilized or Ultra High Temperature treated milk, soya milk, flavoured milk, any package containing bread, dhokla, bhelpuri, pizza, doughnuts, be applicable to the packages of aspartame and infant milk substitute and infant food.Provided also that the declaration of best before in the first proviso by replacing old bottles with new bottles._______________________________________________________________1. 2002 and beyond but before 01.04.2008 the Commencement of the and 273 of the IPC are reproduced below:272. Adulteration of food or drink intended for sale. Whoever adulterates any article of reading of the provisions of Section 20 of the PFA Act, what transpires is that an offence, punishable under Section 16 of Haryana and Ors. v. Bhajanlal and Ors. reported in 1992 Supp (1) SCC 335, laid down as follows:102. In the penal provisions of Sections 272 and 273 of the IPC, Sections 272 and 273 of the IPC are reproduced below:272. Adulteration of 1974), an offence punishable under Sub-section (1AA) of Section 16 shall be cognizable and non-bailable.20. From a careful reading of rupees.21. When a person tempers or, in any other manner, interferes with an article of food, which has been kept in same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may

Nestle India Limited and anr Vs. Union of India and ors

Court: Delhi

of the IMS Act as the mandatory warning that the infant milk substitutes or the infant food is not the sole supply and Distribution) Act 1992 by printing the notice BREAST MILK IS BEST FOR YOUR BABY instead of MOTHERS MILK IS down in the International Code for marketing of Breast Milk Substitutes adopted by the World Health Assembly in May 1981 for of these products is equivalent to, or better than, breast feeding. Therefore, once the IMS Act and IMS Rules had come other form of sales promotion of infant milk substitutes, feeding bottles and teats. The Code, in accordance with this general principle the manufacturers of the Infant Milk substitutes or the Infant Foods to follow one or the other of the provisions made be in the form of rules made under the Act, regulations made under the Act, etc.; (4) Administrative orders or executive Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of production supply and Distribution) Act 1992 and within my cognizance. And I feeding Bottles and Infant foods (Regulation of Production, Supply and Distribution) Act, 1992 (hereinafter referred to as the IMS Act) and if there is any conflict between the provisions of the Act and the provisions of the Rules, the former will prevail. and Infant Foods (Regulation of production supply and Distribution) Act 1992 and within my cognizance. And I hereby direct you to that breast milk is not equivalent to mothers milk. (c) Section 25 of IMS Act which provides that provisions of the laws required a mandatory compliance and attracted punishments under Section 16 of the PFA Act and Section 20 of the IMS (d) Both the laws required a mandatory compliance and attracted punishments under Section 16 of the PFA Act and Section 20

Nestle India Limited and anr Vs. Union of India and ors

Court: Delhi

information on Containers & Labels of Infant Milk Substitute or Infant Food and Section 11 deals with Standards of Infant Milk proper method of its use; (iii) a warning that infant milk substitutes or infant food is not the sole source of included the specific and detailed labelling requirements for infant milk substitutes and infant foods. It is submitted that after the enactment of these products is equivalent to, or better than, breast feeding. Therefore, once the IMS Act and IMS Rules had come dealing with prohibitions in relation to infant milk substitutes, feeding bottles and infant foods provides:No person shall(a) (b) give an impression promotion of infant milk substitutes, feeding bottles, teats and infant foods. Therefore, the IMS Act was specifically aimed towards boosting breast be in the form of rules made under the Act, regulations made under the Act, etc.; (4) Administrative orders or executive Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of production supply and Distribution) Act 1992 and within my cognizance. And I Feeding Bottles and Infant Foods (Regulation of production supply and Distribution) Act 1992 and within my cognizance. And I hereby direct was called from the Food Inspector/Public Analyst for taking immediate action for implementation of the provisions of the IMS Act.9. In and Infant Food (Regulation & Production, Supply and Distribution) Act, 1992 which came into force w.e.f. 01.08.1993. Though the Act has made in PFA Rules w.e.f. 15.09.1997) 2. (i) Rule 37-B(2)(i) Section 2(1)(f) provided further that in Infant food Any food being laws required a mandatory compliance and attracted punishments under Section 16 of the PFA Act and Section 20 of the IMS (d) Both the laws required a mandatory compliance and attracted punishments under Section 16 of the PFA Act and Section 20

Nestle India Ltd. Vs. State of Delhi and anr.

Court: Delhi

that the labels affixed of the petitioner company on the infant substitute products was after a due approval by the Central other and the submission of respondent No.1 that the breast milk is not comparable with mothers milk was thus rejected. The and to ensure curtailment of rampant use of infant milk substitutes instead of breast feeding in infants. However, the provisions of the legislature intended to provide additional remedy for promoting breast feeding among mothers and to ensure curtailment of rampant use of (1)(b) & 6 (1)(c) of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Productions, Supply and Distribution) Act, there under for the purposes of labeling of Infant Milk Foods/substitutes, without being exposed to the penal provisions under the said Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Productions, Supply and Distribution) Act, 1992 (hereinafter referred to as the IMS Feeding Bottles and Infant Foods (Regulation of Productions, Supply and Distribution) Act, 1992 (hereinafter referred to as the IMS Act). A under the provisions of the IMS Act as the said act was in addition to and not in derogation of the and Infant Foods (Regulation of Productions, Supply and Distribution) Act, 1992 (hereinafter referred to as the IMS Act). A detailed order framed against the petitioner company for violating the provisions of Sections 3, 6 (1)(a), 6 (1)(b) & 6 (1)(c) of the by the impugned order are thus liable to be quashed. 16 At the outset, learned counsel for respondent No.2 has sought

R.D. Upadhyay Vs. State of A.P. and ors.

Court: Supreme Court of India

Reported in: AIR2006SC1946; 2006(1)ALD(Cri)777; 2006(3)ALD42(SC); JT2006(5)SC18; 2006(II)OLR(SC)1; 2006(4)SCALE336

Juvenile Justice (Care and Protection of Children) Act, 2000, the Infant Milk Substitutes, Feeding Bottles and Infant Foods, (Regulation of Production, normal labouring ration for nursing mother and for supplementary cow's milk for children under the age of 1 year not receiving (Care and Protection of Children) Act, 2000, the Infant Milk Substitutes, Feeding Bottles and Infant Foods, (Regulation of Production, Supply and by the Medical Officer. Supplements are also provided to breast feeding mothers.In Jharkhand, children are allowed to live with their mothers Protection of Children) Act, 2000, the Infant Milk Substitutes, Feeding Bottles and Infant Foods, (Regulation of Production, Supply and Distribution) Act, Act, 2000, the Infant Milk Substitutes, Feeding Bottles and Infant Foods, (Regulation of Production, Supply and Distribution) Act, 1992, Pre-natal Diagnostic child in adequate quantities.10. Jail Manual and/or other relevant Rules, Regulations, instructions etc. shall be suitably amended within three months so Milk Substitutes, Feeding Bottles and Infant Foods, (Regulation of Production, Supply and Distribution) Act, 1992, Pre-natal Diagnostic Techniques (Regulation and Prevention Feeding Bottles and Infant Foods, (Regulation of Production, Supply and Distribution) Act, 1992, Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) 1948, Hindu Adoptions and Maintenance Act, 1956, Probation of Offenders Act, 1958, Orphanages and Other Charitable Homes (Supervision and Control) Act, UN Convention on the rights of the child in December 1992 to reiterate its commitment to the cause of the children. special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes with the plight of women prisoners, under Chapters XIV and XVI. This Bill was prepared with the laudable aim of bringing

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court: Punjab and Haryana

Public Liability Insurance Act74. Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act75. Rehabilitation Council Housing Bank Act72. Railways Act73. Public Liability Insurance Act74. Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply Bank Act72. Railways Act73. Public Liability Insurance Act74. Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Act72. Railways Act73. Public Liability Insurance Act74. Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Railways Act73. Public Liability Insurance Act74. Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act75. Liability Insurance Act74. Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act75. Rehabilitation Council of Act30. Securities Contracts (Regulation) Act31. Mines and Minerals (Development and Regulation) Act32. Delhi Rent Control Act33. Children Act34. Geneva Conventions Act35. Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act75. Rehabilitation Council of India Act76. The Securities Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 whereunder besides the designated Government official a social the Code states that In Section 372 of the principal Act, the following proviso shall be inserted, namely:-Provided that the victim and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 whereunder besides the designated Government official a social and voluntary applying these principles to resolve the incongruity between proviso to Section 372 and Section 378(1)(a) & (b) of the Code, 4 in G.Baswaraj versus State of AP, 2011 (8) RCR (Crl.) 1674 attempted to reconcile Section 378(4) and proviso to Section 372 any leave. For the appeal against inadequacy of compensation or punishment on a lesser offence, no leave is necessary at the

Mohammed Ajmal Vs. Food Inspector

Court: Kerala

Reported in: 2002CriLJ2525

label.Rule 37A reads as follows:-'37A. Manufacture of proprietary foods and infant milk substitute/infant foods.- (1) An article of infant milk substitutes/infant 37A reads as follows:-'37A. Manufacture of proprietary foods and infant milk substitute/infant foods.- (1) An article of infant milk substitutes/infant foods infant milk substitute/infant foods.- (1) An article of infant milk substitutes/infant foods whose standards are not prescribedin Appendix 'B', shall be its label from Government ofIndia. (2) In case of proprietary foods, the name of the food or category under which it under Sections 2(ia)(m) and 7(i) readwith Section 16(1)(a)(i) of the Act and Rule 5 - Apex B Item No. A. 11.02.08.01 of misbranded food is prohibited and the same is punishableunder Section 16(1)(a)(i) of the Act. Rule 37A(2) enjoins that in the respondent alleging that the petitioner has committedan offence punishable under 16(1)(a)(i), 2(ia)(m) and 7(i) of the Act read with Rule 5, averred that the petitioner and firstaccused have committed the offences punishable under Sections 2(ia)(m) and 7(i) readwith Section 16(1)(a)(i) of the

Colgate-palmolive (India) Limited Vs. Anchor Health and Beauty Care Pr ...

Court: Chennai

Reported in: (2008)7MLJ1119; 2009(40)PTC653(Mad)

to the effect that the plaintiff's product was suitable for infants and that the product recommended by the defendant was pernicious of (a) cigarettes, alcohol or other intoxicants and (b) infant milk substitutes, feeding bottles or infant foods. But rule 7 (4) (a) cigarettes, alcohol or other intoxicants and (b) infant milk substitutes, feeding bottles or infant foods. But rule 7 (4) stipulates cigarettes, alcohol or other intoxicants and (b) infant milk substitutes, feeding bottles or infant foods. But rule 7 (4) stipulates that In that case, though the plaintiff's products were sold in bottles packed in a wrapper, the defendant covered them with his intoxicants and (b) infant milk substitutes, feeding bottles or infant foods. But rule 7 (4) stipulates that 'the goods or services set of Regulations known as 'The Control of Misleading Advertisements Regulations 1988' were issued in the United Kingdom. Regulation No. 2(2) (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution)Act, 2003, prohibiting the advertisement of Cigarettes and other Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution)Act, 2003, prohibiting the advertisement of Cigarettes and other Tobacco Products(xii)The 'unfair trade practice' found in Section 36A(1) of the MRTP Act, 1969, is adopted in pari materia in Section 2(1)(r) of expression includes the protection of information of a commercial nature. Section 12 of the Human Rights Act, 1998, also laid emphasis in slander of title to land, from the end of 16th century. It appears that the tort liability was initially extended challenge before the Supreme Court. The Supreme Court refused to interfere with the order on the ground that the interlocutory order The Young Persons (Harmful Publications) Act, 1956 making it a punishable offence to advertise publications portraying commission of offences, acts of