Offences and Penalties Related to Labeling and Packing

Learn about offences and penalties related to labeling and packing of drugs and cosmetics under Indian law and how to avoid legal violations.

Non-compliance with labeling and packaging regulations can lead to serious repercussions to protect consumer interests.

Common Offences:

1. Mislabeling:

   • Providing false or misleading information on the label.
   • Omitting essential information like expiry date or manufacturer details.

2. Improper Packaging:

   • Using materials that compromise the product’s safety or quality.
   • Inadequate sealing or tamper-evident features where required.

3. Non-Compliance with Color Regulations:

   • Using prohibited colors or combinations that mislead consumers.

4. Incorrect Batch Numbering:

   • Failing to assign unique batch numbers or using duplicate numbers.

5. Missing Labels:

   • Selling products without any labeling or with incomplete labels.

Penalties:

1. Monetary Fines:

   • Vary based on the severity of the offense.
   • Can range from ₹10,000 to ₹500,000 for repeated violations.

2. Imprisonment:

   • For severe cases, especially those endangering public health.
   • Imprisonment can range from six months to several years.

3. License Suspension or Cancellation:

   • Temporary or permanent revocation of manufacturing, wholesale, or retail licenses.

4. Product Seizure and Recall:

   • Unauthorized products can be seized, and existing stock may be recalled.

5. Public Notification:

   • Authorities may issue public notices to warn consumers about dangerous or mislabeled products.

Additional Provisions:

• Corrective Actions: Manufacturers may be instructed to rectify labeling errors within a specified timeframe.
• Repeat Offenses: Increased penalties for entities with a history of non-compliance.
• Legal Proceedings: Offenders may face prosecution in courts, leading to more stringent consequences.

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