You need to suffer: Bombay HC refuses relief to Thane eatery serving fake paneer

The Bombay High Court on Friday denied urgent relief to a Thane-based eatery accused of serving banned analogue paneer, stating the business must face the consequences of its actions. In a pointed statement, the court remarked that the restaurant should “suffer first” as it had allegedly caused harm to customers who unknowingly consumed food they believed to be genuine paneer. The ruling came during hearings involving a bench comprising Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad, which was reviewing a petition from Udupi Swaad Restaurant located in Wagle Estate, Thane (West). The restaurant challenged the Maharashtra Food and Drug Administration’s (FDA) decision to suspend its Food Safety and Standards Authority of India (FSSAI) license on August 11. It contended that the FDA acted prematurely by not issuing an improvement notice under Section 32 of the Food Safety and Standards Act before taking such measures. The restaurant claimed the suspension had led to significant financial and reputational damage and requested temporary relief from the high court. However, the court expressed skepticism over whether the establishment had clearly communicated to customers that the paneer being served was an alternative, non-dairy product. During the proceedings, the judges questioned the restaurant about transparency in labeling and advertising. They specifically asked if the menu had indicated that the paneer served was an analogue or non-dairy version. The court criticized the practice of presenting substitute products as regular paneer without disclosure, calling it misleading and deceptive. “Are you making people eat something rotten by making them believe it is paneer?” Acting Chief Justice Ghuge asked, emphasizing the ethical responsibility of restaurants to inform consumers accurately. He added that the restaurant should have made it clear on its signage that traditional paneer was unavailable. The restaurant assured the court that it would stop using analogue paneer moving forward. Despite this assurance, the bench declined to offer immediate reprieve and instructed the FDA to submit its response to the petition by September 2. The court reiterated its stance that the restaurant needed to experience the same hardship it had potentially inflicted on others. “You need to suffer first as you have made people suffer,” the acting chief justice stated, framing the situation as a form of poetic justice. The FDA’s action against the restaurant followed a laboratory test conducted in June that found the paneer samples to be unsafe and substandard. The agency cited a July 30 directive from Food Safety Commissioner Tukaram Mundhe, which prohibited the production, processing, storage, transportation, distribution, and sale of analogue or non-dairy paneer across Maharashtra. This move was part of a broader effort to crack down on synthetic and adulterated dairy products. Under the relevant laws, violations can lead to imprisonment for up to six months and fines of up to ₹1 lakh. Harsher penalties apply if the consumption of unsafe food leads to death. Analogue paneer typically uses non-dairy components such as vegetable fats, oils, starches, and other additives. While these items can be legally sold if properly labeled and disclosed, Maharashtra has implemented a strict ban on their manufacturing and sale within the state. The high court ordered the FDA to provide its response to the restaurant’s petition, with the case scheduled for further review on September 7. Whether the restaurant receives relief will hinge on the regulator’s reply and the court’s evaluation of the legal validity of the FSSAI license suspension. The incident highlights ongoing concerns regarding food safety and consumer awareness in the region. As the case progresses, the outcome could influence how similar disputes are handled in the future, particularly concerning the regulation of alternative food products and the responsibilities of eateries to ensure transparency in their offerings.