Regulatory Proceedings

Read the notice carefully to understand the specific provision under which it has been issued, the allegations or requirements, and the deadline for response. Do not ignore it. Regulatory notices under statutes like the FSSAI Act, the Legal Metrology Act, the IT Act, or the Drugs and Cosmetics Act typically carry specific response timelines, and failure to respond can result in penalties, prosecution, or suspension of licences. Engage legal counsel to assess the notice, gather the relevant documents and records, and prepare a considered response. In many cases, a well-drafted response at the notice stage can resolve the matter without further proceedings.

The Food Safety and Standards Act prescribes penalties ranging from fines for minor labelling and hygiene non-compliance to imprisonment for manufacturing or selling unsafe food. Specific consequences include fines of up to Rs. 5 lakh for misbranding, up to Rs. 10 lakh for misleading advertisements relating to food, suspension or cancellation of the FSSAI licence, and criminal prosecution for adulteration or sale of food injurious to health. The FSSAI conducts regular inspections and can also take action based on consumer complaints and surveillance. We advise food businesses, restaurants, cloud kitchens, and e-commerce platforms selling food products on FSSAI compliance and represent them in proceedings when issues arise.

The Legal Metrology Act, 2009 regulates the use of weights, measures, and packaged commodity labelling. Penalties include fines for non-compliance with packaging and labelling requirements (including declarations on quantity, date of manufacture, MRP, and other mandatory information), seizure of non-compliant goods, and prosecution for repeated offences. E-commerce platforms face specific challenges because the Legal Metrology (Packaged Commodities) Rules apply to products sold online, and the platform, seller, and manufacturer can each face liability for non-compliant listings. We advise businesses on packaging and labelling compliance and represent them in proceedings before Legal Metrology officers and appellate authorities.

Yes. Orders passed by regulatory authorities can typically be challenged through the statutory appellate mechanism (where one exists) and ultimately through writ petitions before the High Court under Article 226 of the Constitution. The grounds for challenge include jurisdictional errors, violation of principles of natural justice, unreasonable or disproportionate penalties, and errors of law. In some cases, interim relief (stay of the regulatory order) can be obtained pending the appeal. The strategy for challenging a regulatory order depends on the specific statute, the nature of the order, and the available appellate forums. We advise on the appropriate challenge mechanism and represent clients before appellate authorities and courts.