Buying an expired product — whether a packet of chips, a medicine, or a cosmetic — is a distressingly common experience in India. Selling expired products is not just unethical; it is a criminal offence under multiple Indian laws. From the Food Safety and Standards Authority of India (FSSAI) to the Consumer Protection Act, India has a robust legal framework that protects consumers and exposes sellers and manufacturers to significant penalties.
The Primary Law: Food Safety and Standards Act, 2006
The Food Safety and Standards Act, 2006 (FSS Act) is the primary legislation governing expired food products. Administered by the FSSAI (Food Safety and Standards Authority of India), it regulates all food businesses — manufacturers, importers, distributors, and retailers — and sets mandatory standards for food safety, labelling, and shelf life.
Under the FSS Act, selling an expired food product is a serious offence. Section 50 of the Act makes it illegal to manufacture, sell, store, distribute, or import any food article that is unsafe. An expired food product is presumed unsafe under the Act.
The penalty structure is graduated by severity: selling substandard food (including expired products): fine up to Rs 5 lakh; selling unsafe food that does not cause injury: up to 6 months imprisonment and Rs 1 lakh fine; selling unsafe food causing non-grievous injury: up to 1 year imprisonment and Rs 3 lakh fine; selling unsafe food causing grievous injury: up to 6 years imprisonment and Rs 5 lakh fine; selling unsafe food resulting in death: imprisonment up to life and Rs 10 lakh fine.
An important December 2024 FSSAI directive requires all food businesses to submit quarterly reports on expired food products, detailing quantity, nature, and disposal of expired items. The same directive requires products sold online to have at least 30% remaining shelf life at the time of delivery. Platforms like Swiggy, Zomato, and Zepto have been specifically warned about expired product violations.
The Consumer Protection Act, 2019
The Consumer Protection Act, 2019 (CPA) provides the most accessible remedy for individual consumers who buy expired products. Selling expired goods constitutes an ‘unfair trade practice’ and ‘defective goods’ under the CPA. Consumers can file a complaint before the District Consumer Disputes Redressal Commission (DCDRC) for: refund of the purchase price; compensation for physical harm or illness caused; additional damages for mental harassment; and in cases of wilful deception, exemplary damages.
Courts have awarded compensation even for single incidents. In one documented case, a consumer who bought expired ghee was awarded the purchase price plus compensation for mental harassment. The principle is clear: even a single expired product on a seller’s shelf that is displayed for sale is an offence — courts do not require the seller to have actually sold it, only that it was available for sale.
Under the CPA, the Central Consumer Protection Authority (CCPA) has additional powers to issue recall orders for defective products, impose penalties, and take class action against businesses engaging in systematic expired product sales.
Drugs and Cosmetics Act, 1940
For expired medicines and cosmetics, the Drugs and Cosmetics Act, 1940 provides the harshest penalties. Under this Act, an expired medicine is classified as ‘not of standard quality.’ Selling, stocking, or distributing any drug or cosmetic past its expiry date makes the seller liable.
Courts have applied strict liability in pharmacy cases: keeping expired medicines on shelves amounts to an offence even if none have been sold, because they are presumed to be available for sale. A pharmacist cannot escape liability by claiming the expired medicines were being held for return to the manufacturer — they must be removed from shelves immediately.
The penalty for sale of spurious or expired medicines is imprisonment up to 2 years and a fine, with enhanced penalties for drugs that cause harm or death.
Legal Metrology Act, 2009
The Legal Metrology Act, 2009, and the Legal Metrology (Packaged Commodities) Rules, 2011 require that all packaged products display the date of manufacture and the ‘Best Before’ or ‘Use By’ date prominently. Tampering with, altering, or obscuring these dates is a separate offence under Rule 2(m) and Section 36(1) of the Legal Metrology Act — a legal point that catches out sellers who re-label or repackage expired goods.
Courts have clarified the distinction between ‘Best Before’ (quality is presumed to have deteriorated after this date, making sale an offence) and ‘Use By’ (selling after this date is strictly prohibited as the product is considered unsafe). Even ‘Best Before’ products cannot legally be sold after expiry, though the FSS Act’s 30% shelf life rule provides additional guidance for online sales.
What Can You Do as a Consumer?
If you discover an expired product: document the purchase with the receipt, the product with a clearly visible expiry date, and photograph the product and its labelling. Report to FSSAI through the Food Safety Connect app (mFoodSafety) or email complaints@fssai.gov.in. File a consumer complaint before your District Consumer Disputes Redressal Commission — the filing fee is minimal (Rs 50 for claims up to Rs 5 lakh) and you do not need a lawyer. Report to the Food Safety Officer of your district. For expired medicines, report to the State Drug Control Authority. For large-scale violations (supermarkets, online platforms, pharmacies), report to the CCPA through consumerhelpline.gov.in.
Final Thought
Selling expired products in India is a cognisable offence under multiple laws. Whether it is a corner store selling stale chips or an e-commerce platform delivering near-expiry dairy products, the law treats all such actors as food business operators responsible for ensuring safety. As a consumer, you have strong legal rights — from consumer forum remedies to FSSAI enforcement complaints. Always check expiry dates before purchase. If you receive an expired product, do not ignore it. You have the right to a refund, replacement, and compensation, and your complaint can trigger action that protects other consumers too.
Frequently Asked Questions (FAQs)
Q1. Can I get compensation if I got sick from an expired product?
A: Yes. If an expired product causes illness, you can file a consumer complaint before the District Consumer Disputes Redressal Commission for: full refund of the purchase price; medical expenses; loss of income during illness; compensation for pain and suffering; and punitive damages in cases of recklessness. Simultaneously, the seller/manufacturer can be prosecuted under the FSS Act for selling unsafe food causing injury, carrying up to 6 years imprisonment and a Rs 5 lakh fine.
Q2. What should I do if an online platform delivers an expired product?
A: Document immediately with photos and screenshots. File a complaint on the platform’s grievance mechanism. Report to FSSAI through mFoodSafety app or consumerhelpline.gov.in. File a consumer complaint for refund, replacement, and compensation. FSSAI’s December 2024 directive requires online food products to have at least 30% shelf life at delivery, so delivery of a product with less than this is a direct regulatory violation that can trigger platform-level action. The CCPA actively monitors e-commerce platforms for expired product violations.
Q3. Is it illegal to sell a product after its ‘Best Before’ date but before its ‘Use By’ date?
A: A ‘Best Before’ date indicates the product is at its best quality before that date; selling after this date makes it substandard under the FSS Act and is an offence. A ‘Use By’ date indicates the product is unsafe to consume after that date; selling is strictly prohibited. Indian courts and FSSAI treat both violations as offences, though the severity varies. The landmark case involving PepsiCo (selling food beyond Best Before) confirmed that even Best Before expiry triggers prosecution.
Q4. Can a seller be arrested for selling expired medicines?
A: Yes. The Drugs and Cosmetics Act, 1940, subjects sellers of expired medicines to criminal prosecution. Courts have held that even keeping expired medicines on pharmacy shelves (without necessarily selling them) constitutes an offence because they are displayed as available for sale. The State Drug Control Authority conducts inspections and registers criminal complaints. Penalties include imprisonment up to 2 years and fines. Pharmacists can also face suspension of their drug licence.
Q5. What is re-labelling and is it illegal?
A: Re-labelling involves altering, replacing, or tampering with the original expiry date label on a product to make it appear still within its shelf life. This is explicitly illegal under the Legal Metrology Act, 2009, and the FSS Act. It is treated as fraud and misrepresentation in addition to the food safety violation. Courts have sentenced sellers to imprisonment for systematic re-labelling of expired goods. If you suspect re-labelling (e.g., the label appears pasted over or the product’s texture/smell does not match the claimed manufacture date), report immediately to FSSAI and local food safety authorities.
