Apr 19, 2017
Poultry industry rubbishes rumours of ‘plastic eggs’
“Reports about Chinese eggs coming into the market are false," said the NECC
The National Egg Coordination Committee (NECC) denied reports of sale of plastic eggs in the market during a press conference in the city on Tuesday. Reports have recently surfaced that ‘Chinese’ plastic egg lookalikes were being infiltrated in Indian markets. The poultry industry had also reported a dip in the sales following the speculations.
Prasanna Pedgaonkar, deputy general manager of Venkateshwara Hatcheries, while addressing the media, ruled out the possibility of any such adulteration. “Reports about Chinese eggs coming into the market are false. The Indian poultry industry ensures production of 100 per cent white-shelled eggs, while the eggs which originate from China are 100 per cent brown,” he said. Production of artificial eggs, NECC members added, would be costlier than production of natural eggs and no economic benefit could be derived out of it.
The poultry industry, however, has reported a 10 per cent drop in consumption and sale of eggs in recent days. Pedgaonkar said Maharashtra, on an average, sees consumption of two crore eggs per day, with Pune reporting consumption of around 60 lakh eggs on a daily basis. “The dip in consumption was due to a combination of reasons and the rumours certainly had a part to play,” he added.
On the reports of a change in the texture of eggs, he said that was because of thermal shock due to high temperature. “At the farmgate, the temperatures are over 40 degrees Celsius, while at shops, the temperatures suddenly drops to 20 degrees Celsius. This leads to thermal shock and texture change,” he said. Meanwhile, the same press conference also saw senior officials from the Food and Drugs Administration talking about remote chances of adulteration in eggs.
GHMC crackdown on restaurants reveals stale meat, dirty kitchens
Continuing its crackdown against hotels following unhealthy practices, the Greater Hyderabad Municipal Corporation (GHMC) on Tuesday sealed the popular Y2K restaurant in Panjagutta and penalised six other eateries for using stale meat and not maintaining hygienic conditions.
The situation got tense at Y2K when the management allegedly got into a heated argument and tried to stop the civic body officials from shutting down the eatery . The police had to be called in to bring the situation under control. The hotel was sealed for using stale meat and running without trade and food licences.
Later in the day , the GHMC officials raided Almas Palace in Jubilee Hills and imposed a fine of `10,000 for an unhygienic kitchen. Similarly , Swagath Grand in Vanasthalipuram was imposed a fine of `10,000 for using stale food. A fine of `5,000 was imposed on Papadams in Vanasthalipuram for similar reasons.
In Secunderabad, the civic body inspected Maharaja Restaurant and Bar, Mount Paradise Bar & Family Restaurant and Sri Siddhi Udupi Tiffin & Restaurant and imposed a fine of `25,000 each for using unstamped meat and unhygienic conditions.
Civic officials said that the hoteliers were risking the health of people for a few thousand rupees. “Some of the hotel officials are aware of the rules and regulations, but still don't follow them to save money ,“ said a senior official from the GHMC health wing.
Lean meat (fish and chicken) or red meat loses its nutritional value if it goes stale, doctors said. “Eating stale meat may lead to diarrhoea and vomiting, which could in turn lead to electrolyte imbalance,“ said Dr Deepa Agarwal, nutritionist at Apollo Hospital.“If stale red meat is consumed for a longer period of time, it may lead to gastric cancer,“ she said.
Eating out? You may be courting diseases
A first of its kind study on the food samples collected from a number of hotels, restaurants and street-side eateries in Hyderabad published in the recent issue of the British Food Journal (BFJ) reveals the major health hazard lurking around those aroma-filled and tasty food served in the city. Hold your breath, 98.1% of carrot and 75.5% onion samples analysed for bacterial i ti colonies are unfit for human t consumption. They contain E le coli, the harmful bacteria that r is present in human digestive c system and causes gastroentec ritis. The presence of E coli in food stuff means that the food f served in eateries had come in fe contact with human faeces eith her through contaminated wac ter or unclean hands. Flies and p cockroaches are also culprits. d The mega study conducted t by the Food and Drug Toxicology Research Centre and the Biostatistics department of the ci ty-based National Institute of Nutrition (NIN) covering 463 samples of street food appeared in the February issue of the British Food Journal. According to the study , peeled and cut fruits left uncovered have 13.4 times risk of E coli contamination compared to the fruits kept in closed containers.
“The purpose... is to identify and prioritize the key food safety practices among street food handlers that lead to microbial contamination. These safety practices will help develop and design tailor-made training material for street food vendors in future,“ the study pointed out.Of the 463 samples checked for microbial contamination, 163 were of salads, 150 of fruit juices, and 150 pani puri samples.
The bacteria found on the food stuff analysed were S aureus, E coli, Salmonella spp., Shigella spp., Bacillus cereus, and Yersinia spp. “Pani puri samples picked from the vendors, who did not have soap at the vending unit, had significantly higher contamination of faecal coliforms than those who had,“ the study revealed.
The diseases they cause range from simple loose motions and vomiting to severe food poisoning, leading to even death. Earlier studies revealed that fountain soft drinks and sodas served even in big malls are contaminated with E coli.
Food safety authorities raid Nunna mango market
The FSSAI officials said that the traders are using Chinese ethylene powder which is re-packaged at Ghaziabad, Uttar Pradesh. "Since there is a ban on calcium carbide, the traders are using ethylene powder indiscriminately without following any scientific method. We don't know how much amount of ethylene gas will be released from the sachet once it is placed among the mangoes. This powder is even more harmful than calcium carbide ," said FSSAI-designated officer for Krishna district and zonal in-charge N Poornachandra Rao, speaking to the media.
When the traders argued that the government itself is allowing ripening of fruits in ethylene chambers, the officials said that no method apart from ethylene chamber is allowed as per FSSAI norms. "We will dig deep into the source of this powder. It is like calcium carbide so we can initiate criminal action," Rao explained.
The official appealed to traders not to use any artificial means to expedite the ripening. "For now, we are letting the traders go. We have collected a few samples to be sent for testing," he added.
Food cooked at unhygienic site destroyed
Chandigarh: A team of food safety officials inspected a bakery making savouries in Shastri Nagar, Manimajra. The team was led by food safety officer Bhaljinder Singh.
The factory was found running in unsanitized and unhygienic conditions and was challaned for the same.
Five quintals of savouries were found unfit for consumption and were destroyed by the officials. Inaddition to this, sweets and confectionery items of approximately four quintals were found to have been prepared in unhygienic conditions.
Some food items stored at a residential premises were also destroyed during the drive.
The drive to check illegal and unhygienic food units in Manimajra was started by SDM (East) Dr Tapasya Raghav.
Raghav said the drive to check unhygienic conditions at food producing outlets will continue.
Eateries raided
A popular Biryani joint and an upmarket eatery were among those fined and seized by the officials of GHMC . On Tuesday, the officials inspected the kitchen of Y2K restaurant at Punjagutta and found that unstamped meat was being used for cooking. It also came to light that the hotel did not have trade or food license required to operate the restaurant.
When the officials proceeded to seize the restaurant, the staff and the management argued with the officials and prevented them from taking action. The police officials were called in to control the situation after which the hotel was seized. Swagath Grand Hotel in Vanasthalipuram was fined Rs.10,000 for serving stale food to the customers.
The health and sanitation officials carried out the inspection and found the kitchen in an unhygienic condition. While Papadams in Vanasthalipuram was fined Rs.5,000, Alma’s Kitchen in Jubilee Hills was fined Rs.10,000 for serving stale food and unhygienic maintenance of the kitchen.
Bali flags off 5 fully equipped Mobile Food Testing Labs
Out of these five mobile laboratories, two each will be deployed in Kashmir and Jammu Divisions and one will be deployed in Ladakh region.
In a significant move towards further strengthening the State Food & Drug Control Organization (F&DCO), the government has procured five fully equipped Mobile Food Testing Laboratories (Vans) with a cost of Rs. 31 lakh each.
Out of these five mobile laboratories, two each will be deployed in Kashmir and Jammu Divisions and one will be deployed in Ladakh region.
Minister for Health & Medical Education, Bali Bhagat dedicated these mobile vans to the D&FCO, here today.
Speaking on the occasion, the minister said that it is endeavor of the government to ensure wholesome food articles to the people of Jammu and Kashmir for which the D&FCO, which is the regulatory authority for checking the menace of adulteration in the food articles, shall be strengthened and equipped with all modern gadgets.
Congratulating the Controller D&FCO and her staff for having these facilities, the minister said that the mobile labs will help in reaching out to every corner of the state and undertaking spot testing of food articles.
This will also help in generating greater awareness amongst the consumers about the safe food articles. He called for optimum use of the facilities to achieve the objective of providing quality food products to the consumers.
Maintaining that the D&FCO which has a very special and sensitive role to play, the minister said that the organization is not only representative of the government, but entire society is depending on it, therefore, every functionary must work with utmost responsiveness and honesty to maintain its credibility.
He called for stepping up the awareness campaign through different mediums to educate the masses about the food safety standards.
Lotika Khajura briefed the minister about the features and benefits of the Mobile Food Testing Labs and said that the facility will help in ensuring stringent regulatory control across the state over food business operators dealing with processing and distribution of food articles in the market for mass consumption.
She said the topography of Jammu and Kashmir badly required such facility to counter the challenges posed by the adulteration. This will help in restoring the public confidence, transparency and accountability among the empowered functionaries, she said.
Later, the minister also inspected the food and drug labs and interacted with the concerned functionaries.
Real Milk, Real Ice Cream? Amul’s Advertisement Alleged to be Disparaging in Bombay HC
Amul, known for their quirky and contemporary advertising, seem to have found themselves in trouble over this recent advertisement (picture on the left) that compares them to other ‘frozen dessert’ companies. The advertisement claims that while they use ‘real milk’ to make ‘real ice cream’, other ‘frozen dessert’ companies use Vanaspati oil.
As reported by Livemint, Hindustan Unilever Limited (HUL), and Vadilal have taken Gujarat Cooperative Milk Marketing Federation Limited (GCMMF) to Court, claiming that this Amul advertisement by GCMMF constitutes disparagement. Since the only case pending (SL/204/2017) between the two parties that I could find on the Bombay High Court website doesn’t have any orders uploaded, I am relying on news reports for this post. I would very much appreciate it if our readers could direct me to an order passed in this case, if any.
As is relevant to this dispute, the Food Safety and Standards Authority of India (FSSAI) has mandated that ice cream made with vegetable oil is to be labelled a ‘frozen dessert’, while only those products that contain milk fat can be called ‘ice cream’. HUL, the manufacturers of Kwality Walls ice cream, released a statement that called Amul’s advertisement misleading, as it made “factually incorrect statements”, and “created apprehensions” among the consumers of frozen desserts. Further, HUL clarified that Kwality Walls ‘frozen dessert’ products did not contain Vanaspati. The only difference between ice creams and frozen desserts, they pointed out – is that “frozen desserts use vegetable fat instead of dairy fat, which actually makes them healthier as they have lower saturated fat and do not have cholesterol”. Amul reportedly issued another statement, stating that frozen dessert companies were misleading consumers by using low cost ingredients, and that they were attempting to make consumers aware of the difference.
The essence of this controversy is the implication of ‘frozen desserts’ being made with Vanaspati oil, as is being referred to in the advertisement. While HUL accepts that they use vegetable fat, it is the negative implication that the use of the word ‘Vanaspati’ will have on their sales, that is said to constitute disparagement in this present case. While the advertisement in question does not mention Amul’s competitors by name, HUL has reportedly argued that it is not necessary for the name of the brand to be explicitly mentioned for there to be a case of disparagement. A proposal put forward by HUL was that a voiceover (‘vanaspati tel yaani vegetable oil’) be edited into the advertisement to clarify that it was vegetable oil that was being referred to and not Vanaspati. As per these news reports, GCMMF then contended that the onus lies on HUL to prove that consumers will be misled by the words ‘vanaspati tel’ in the advertisement.
Trademark Disparagement
As I had summarised in a post last month, disparagement with regard to trademarks is essentially the dishonest use of a trademark in advertisements. Section 29(8) of the Trademark Act (“Act”) provides for an action of infringement to lie in case an advertisement containing a registered mark: (a) takes unfair advantage of, and is contrary to honest practices in industrial and commercial matters; or (b) is detrimental to its distinctive character; or (c) is against the reputation of the mark. While it will fall to the determination of the Court whether this Section is applicable in the present matter, the focal point of determination is whether the advertisement can be said to have been of a registered mark; and consequentially whether the advertisement attracts any of the three conditions mentioned above.
In Hindustan Unilever Limited v. Reckitt Benckiser India Limited, the Delhi High Court in 2014 held that in order to determine whether a statement disparages or defames, the question must be considered from the viewpoint of the general public, and not with regard to a special class of people. Colgate Palmolive Ltd. v. Hindustan Unilever Ltd. was a 2013 decision of the Delhi High Court inter alia observed that the advertisement had to be viewed as a whole, and not analyzed like the provisions of a statute.
Comparative Advertising
Standards to be determined for a claim of comparative advertising have been widely interpreted by Courts. We have blogged widely on the issue in the past, please read here for our posts. In 2013, The Delhi High Court in Reckitt Benckiser v. Hindustan Lever Limited listed out a few essential principles of the law on disparagement, which Anubha has listed as follows:
A tradesman is entitled to declare his goods to be the best in the world, even though the declaration is untrue.
He can state that his goods are better than his competitors.
He can even compare the advantages of the two goods. He, however, cannot, while saying that his goods are better than his competitor’s, say that his competitor’s goods are bad. If he says so, he really slanders the goods of his competitors and their goods, which is not permissible in law.
If there is no defamation to the goods or the manufacture of such goods no action lies, but if there is such defamation, an action lies for recovery of damages for defamation, then the court is also competent to grant an order of injunction restraining them to perform such acts.
Further, in order to satisfy the test of comparative disparagement, the plaintiff has to establish: (a) A false or misleading statement of fact has been made about his product; (b) That the statement is deceiving or has the potential to deceive the substantial segment of prospective consumer and; (c) The deception is likely to influence consumer’s purchasing decisions. The court noted that the manner in which the same is telecasted is of prime importance, the same should not be in the manner to ridicule or condemn the product of the competitor, resulting in disparagement or disrupting them in the market.
The 2015 case of Havells v. Amritanshu noted that the standard to be applied was “whether a reasonable man would take the claim being made as one made seriously”. Additionally, to see if an advertisement is misleading, two essential elements need to be satisfied: First, that the advertisement must deceive the persons to whom it is addressed or at least, must have the potential to deceive them. Secondly, as a consequence of its deceptive nature, the advertising must be likely to affect the economic behaviour of the public to whom it is addressed, or harm a competitor of the advertiser.
This isn’t the first time this issue has cropped up – HUL had dragged Amul to the Advertising Standard Council of India (ASCI) last year, objecting to the distribution of pamphlets on the same issue, but the ASCI had ruled that Amul’s campaign did not disparage frozen dessert. Keeping in mind the above standards as developed by Courts, HUL and Vadilal will have to prove to the satisfaction of the Court that Amul’s advertisement really is misleading, and that it has the potential to deceive the substantial segment of prospective consumers. We hope that orders in this suit will soon be available on the High Court website, and promise to bring you any further updates in this case!
AAP govt ties up with private labs to improve food quality in Delhi restaurants
New Delhi: To ensure better and frequent monitoring of food served in restaurants and even on streets , Delhi’s food safety department tied up with 18 private labs in the city for picking up samples, testing them and providing a report.
Delhi has only one government lab that would test food samples, resulting in a huge backlog. The private labs that the Delhi government tied up with are NABL accredited, which assures quality.
“It is a force multiplier for the government. With the one lab and limited man-power, it was just not possible for us to cover entire Delhi. Now we will be able to do 20 times as many tests we were previously conducting,” said Dr Mrinalini Darswal, Delhi’s food safety commissioner.
This will also combat the perpetual shortage of staff in the department.
“There are not food safety officers to monitor every food vendor in Delhi. Currently there are 16 officers against 32 sanctioned posts and even that is not enough. Partnering with these labs we would be able to pick up more samples and it is as good as having 19 functioning food safety labs,” said Darswal.
The government tied up with these labs in February and a computerised system of giving the reports was set up.
“The labs get paid R 5,000 per sample for collection and testing, this is the rate fixed by the FSSAI (Food Safety and Standards Authority of India). We have tried this method for some time now, which is why we were able to conduct the emergency inspections of the mid-day meal kitchen efficiently,” said Dr Darswal.
The food safety department started a drive to check all the mid-day meal kitchens on February 20 after nine children fell ill at a Delhi government school after consuming food that had a dead rat in it.
These labs would, however, be authorised to pick up only surveillance samples. “After the reports of the surveillance samples come in, we will be able to pin point 2 or 3 vendors whose samples fail. Our food safety officers can then go to these shops and collect a legal sample, which is a tedious procedure and is time-consuming,” said Darswal.
A ‘legal sample’ is when a specified quantity of a food item, according to the food safety regulations, bearing the same batch number is picked up from a single shop after following due procedure.
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