Suit against a cosmetics manufacturer
Dr G V Rao
(Querist) 22 July 2016
This query is : Resolved
I wish to file a SUIT FOR DECLARATION AND MANDATORY INJUNCTION against a Cosmetic manufacturer who is using cancer causing chemicals in its product. Further the Company is using chemicals which are not allowed by Bureau of Indian Standards. Under which Order and which Rule(s) can I file.
Is Mandatory Injunction more suitable than Perpetual Injunction. I am following this procedure since I do not wish to go for a PIL. I cannot go through Consumer Court as I am not yet affected by the Product. But citizens of India who use this Cosmetic product may get serious diseases in future.
Please advice me.
adv.bharat @ PUNE
(Expert) 22 July 2016
Give notice through lawyer for the same if they don't reply then can proceed in court for further course of action.
Kumar Doab
(Expert) 22 July 2016
Take inputs from Indian Institute of Toxicology Research.
Drugs and Cosmetics Act deals with it.
NGO-Centre for Science and Environment (CSE) has dealt with such matters.
Better proceed thru a very able counsel.
Devajyoti Barman
(Expert) 23 July 2016
It would be perpetual injunction though I find civil suit would never be as effective as writ petition in this type of case.
R.K Nanda
(Expert) 23 July 2016
Nothing to add.
Dr G V Rao
(Querist) 23 July 2016
Sirs thanks for all your advices...I had sent a Notice and got a reply too. The reply skirted or avoided the main issues raised by me by a simple sentence that the product is safe to use.
With regard to Writ Petition, I cannot use it as it is a Private Company. Therefore seeking your advices as for the correct approach.
rajeev sharma
(Expert) 23 July 2016
Mr Rao your intention is good but courts have to follow a certain procedure. It is not a matter between two individuals hence a civil suit is out of question. Since you have not used the product and suffered no loss hence you may not approach consumer court. If you have researched and documented evidence that the ingredients of the product are really injurious then you should make government licensing authority party along with the manufacturer of the oroduct a party and file a writ seeking stay on sale of the product and cancellation of manufacturing licence
P. Venu
(Expert) 23 July 2016
Yes, a Writ could be filed seeking direction to the public authority concerned. Perhaps, it is in the fitness of the things, in the first instance, that the said authority is addressed to ban the product.
Kumar Doab
(Expert) 23 July 2016
Hope you are clear and satisfied.
Let the authority collect random samples of many batches and publish its report on record.
Thereafter there may not be any escape.
Dr G V Rao
(Querist) 23 July 2016
Thanks for the feedback M/s Sharma,Venu and Doab...I have done lot of study for past 2 years on this matter and I am armed with Scientific literature which is peer reviewed and published in International Scientific Journals. So I have lot of evidence. Further the Public Authority has issued a list of permissible ingredients which this manufacturer is not using. I have come to this decision only after complaining to the Public Authority i.e., the Bureau of Indian Standards. I complained in month of Feb 2016 and till now they have not done anything and my RTI Application is also overdue. So coming to Court is the only option. Now after reading your advises, I feel that I can also opt to include the BIS as a party. However can I also include the private Company also in the Writ Proceedings. Await more advise.
P. Venu
(Expert) 23 July 2016
I am have serious doubt whether BIS is the Competent Authority. I feel that there should be some authority which actually regulates the production and sale of Cosmetic products.
rajeev sharma
(Expert) 23 July 2016
Lodge a complaint with authorities under drug and cosmetics act. Then wait for some time if they take no appropriate action then file a writ against them incorporating company also Bis too may be incorporated if it has issued any license to company for this product.
Kumar Doab
(Expert) 24 July 2016
You can benefit from the advise of Experts.
Your own counsel can help you and take it further.
