Bureau of Indian Standards v. Pepsico India Holdings P.Ltd

MUKUL MUDGAL, J.

MANMOHAN, J.

November 21st, 2008 dr/s

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA No. 1649/2006 Reserved on: 23rd September, 2008 Date of Decision: 21st November, 2008 BUREAU OF INDIAN STANDARDS ..... Appellant Through: Mr. B. Datta, ASG with Mr. Jose Chiramel, Mr. R.K. Tripathi, Advs. Versus PEPSICO INDIA HOLDINGS P. LTD. & ANR. ..... Respondents Through: Mr. Arun Jaitley, Sr. Adv. Mr. A.S. Chandihoke, Sr. Adv. with Mr. Amar Gupta, Mr. Deeraj Nair, Mr. Mayank Mishra, Mr. Divyam Agarwal, Advs. CORAM: HON'BLE MR. JUSTICE MUKUL MUDGAL HON'BLE MR. JUSTICE MANMOHAN 1. Whether the Reporters of local papers may be allowed to see the judgment? YES 2. To be referred to the Reporter or not? YES 3. Whether the judgment should be reported in the Digest? YES % J U D G M E N T MUKUL MUDGAL , J . 1. This Letters Patent Appeal by the Bureau of Indian Standards arises out of the impugned judgment and order dated 08.05.2006 delivered by the Learned Single Judge, whereby it was held that the use of the words 'PURE', 'CRISP', 'REFRESHING', 'PURIFIED' AND 'PURITY GUARANTEED' and the pictorial depiction of snow-capped mountain and the sun on the label of Respondent No.1 M/s Pepsico India Holdings Pvt. Ltd. for packaged drinking water, was not misleading, and was not prohibited by any law, and that the impugned letters including those dated 24.04.2001, 13/14.09.2005, 05.10.2005 and 07.10.2005 cannot be enforced by the Appellant. The appeal has been preferred on the ground that the pictorial device "SNOW-CAPPED MOUNTAIN" and the expression "PURITY GUARANTEED" as used in the label of Respondent No. 1 creates confusion in the mind of general public regarding the origin nature, composition and properties of the Respondent No.1's product and suggest that the origin of the water being in the mountains, the product of the Respondent No. 1 is mineral water when admittedly the product of the Respondent No. 1 is only 'packaged drinking water' and not 'packaged mineral water'. 2. The learned Single Judge by his impugned judgment and order dated 08.05.2006 held as follows:- a) The definition of the word 'PURE' and its cognates as well as the definition contained in the PFA Rules leaves no room for doubt that the correct connotation of the words 'packaged drinking water' is not what is envisaged in Chemistry. b) The meaning ascribed to the word 'PURE' must be seen in the context of the standard prescribed by the Bureau or under the Prevention of Food Adulteration Act and Rules, since no useful purpose would be served at all in considering it in its absolutely pure state viz. distilled, as per the stance of the Bureau itself. c) When an ordinary consumer reads the words "PURITY GUARANTEED" the thought which would come to his mind is that it is totally safe for human consumption and/or fully compliant with the standards set down by the Bureau. The impugned label assures the consumer nothing more than this. There is, therefore, no justification whatsoever for the prohibiting the use of the words 'PURITY GUARANTEED'. d) No infraction that Rule 37 of the Prevention of Food Adulteration Act, 1955 (hereinafter referred to as "the PFA Act") mandates such justification has been established by the Bureau. So far as Rule 41 is concerned the subject food product, namely, packaged drinking water, is not an imitation. e) If the argument of the Bureau is to be sustained, a blanket ban would come into effect on the use of the word 'pure' thereby rendering the phrase 'imitation of any food' totally otiose. Such an interpretation is not permissible. Today, various chemicals are employed in food articles especially for flavor. It is in that context that use of the word 'pure' is not allowed. f) The primary function of consuming water is to quench ones thirst, which is the same as preventing dehydration. The common perception in hot or tropical countries is that cold water is not only satiating but also refreshing. Even so, the stand of the Respondent No. 1 that the pictorial device or artwork on the label showing