Bombay HC directs Amazon to hand over expired goods to Maharashtra FDA for disposal

On Monday, the Bombay High Court instructed Amazon Retail India to transfer all expired and discarded products from its Bhiwandi warehouse to the Maharashtra FDA for appropriate disposal. The court's decision came after the FDA had recently suspended the warehouse's license, claiming that Amazon had been distributing expired food items in the retail market instead of disposing of them properly.

The court's Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad issued the directive, also asking the FDA to respond to Amazon's challenge to the suspension of the warehouse's license by August 27. Amazon had filed a petition with the court following the FDA's actions, arguing that the agency's approach was disproportionate and overly aggressive.

In a temporary measure, the court asked Amazon to compile a list of all expired and discarded items from the warehouse and hand them over to an FDA representative, who would then proceed with the proper disposal of the items, bearing the associated costs. The FDA had visited the warehouse on June 24 and subsequently revoked Amazon's license the following day, without providing an improvement notice.

An appeal was filed, but pending its resolution on July 1, the FDA issued a show-cause notice and subsequently canceled the license. The court had previously criticized the FDA, accusing it of acting excessively in its attempts to eliminate what it perceived as a minor issue. The agency has been involved in several raids on food establishments, including some well-known restaurants, since the appointment of IAS officer Tukaram Mundhe as its head in May.