Bombay High Court has declined to entertain a petition challenging the Food and Drug Administration's (FDA) order banning the sale of junk food within 50 metres of school premises across Maharashtra.
The petition, filed by a licensed restaurant owner in Pune, sought to quash the FDA order prohibiting sale of junk food items in the proximity of schools.
The petitioner further submitted that no action has been taken against him so far by the FDA in this regard. In view of this submission, the Bombay HC concluded that the petition is not maintainable and dismissed it.
FDA has issued the order as part of its efforts to check growing concerns that easy availability of junk food in the vicinity of schools is harming the health of children.
The directive restricts the sale of such items within a defined radius of school campuses, a move that has drawn support from health advocates but has also faced pushback from food business operators who argue it affects their livelihoods.
The petitioner had approached the High Court arguing that the blanket restriction placed an unfair burden on restaurant and food stall operators functioning legally in areas that happen to fall within the notified distance from schools.
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However, with the FDA clarifying that no enforcement action had been taken against the petitioner specifically, the court found no immediate cause of action to justify judicial intervention, effectively closing the door on the challenge for now.
The ruling leaves the FDA's ban intact, at least for the time being, and signals that the court may only be willing to examine such challenges once concrete enforcement action is taken against an affected party.
Legal experts suggest the door may not be entirely shut for operators facing genuine hardship, but any future challenge would likely need to be grounded in a specific instance of the order being enforced against them, rather than a broader objection to the policy itself.
The FDA has, in recent months, stepped up scrutiny of food safety and dietary standards across Maharashtra, including crackdowns on adulteration and unhygienic practices at food establishments in Mumbai and other parts of the state.
ALSO READ: No High-Fat, Sugary Foods In Maharashtra Schools: Tukaram Mundhe-Led FDA Issues Strict Orders
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