1. The Authority has moved this petition with the version that the respondents are not printing date of manufacturing and expiry on their product (Medipast Toothpaste) and thus, they are violating section 11 of PCPA, 2005. The petitioner issued notices to the respondents under section 23 (4) PCPA, 2005. The respondents appeared before the Authority and submitted their replies that they will mention the dates of manufacturing and expiry etc within a period of 6 months. As the matter is regarding public health, therefore, the Authority did not allow period of 6 months to the respondents and moved this complaint before this court. The complainant has produced the documents attached with the complaint. The petitioner has requested that the respondents be made bound under section 32 PCPA, 2005 to mention the date of manufacturing, expiry and ingredients etc on the said product.
2. The respondents have been issued notices and they have submitted their written replies and have denied the allegations and have asserted that they are mentioning date of manufacturing and expiry etc on the said product.
3. I have heard the arguments and perused the record comprising on documents Ex-P1 and Mark-A to Mark-E. The respondents in their reply to letters No. DCPC/BWP/2499,2522, 2558 dated 31-05-2011, 15-06-2011 and 27-06-2011 Mark-R1had admitted that "The Board of Directors has decided that all items of our company including (Medipast Toothpaste) will be supplied after mentioning date of manufacturing and expiry, detail of ingredients and other essential informations after consulting our experts". But in the reply submitted in this court, they have taken up plea that date of manufacturing and expiry etc are mentioned on all their products. On the other hand, the complainant has placed on record original packing of (Medipast Toothpaste) Ex-P1 which denotes that the dates have not been mentioned thereon. The period of 6 months demanded by the respondents has already been elapsed. Therefore, it is held that the respondents are legally bound to mention the date of manufacturing, expiry and ingredients etc on all their products including the (Medipast Toothpaste). The other documents produced by the complainant from Mark-A to Mark-E also support her version. Therefore, the complaint in hand is allowed in favour of the Authority and against the respondents and they are directed to comply with the provision of article 11 PCPA 2005.
4. The Authority is directed to check the market and submit his report about the available stock in market whether the respondents are complying with section 11 ibid, especially (Medipast Toothpaste). File be put up for report on 20-04-2012.