Supreme Court declines to interfere with Madras HC order on warning labels for plastic packaged products

The Supreme Court on Monday declined to interfere with a Madras High Court order directing that plastic-packaged products carry warning labels stating that they “may contain Micro/Nano Plastics” [Pet Packaging Association for Clean Environment vs. G Subramania Koushik]..The High Court had asked the Food Safety and Standards Authority of India (FSSAI) and other authorities to mandate red, bold labels on Polyethylene Terephthalate (PET) bottled water and plastic-packaged sugar and salt after noting research indicating the possible presence of microplastics in such products.Pet Packaging Association for Clean Environment (appellant) moved the top court against the same..While hearing the appeal today, a Supreme Court Bench comprising Justice Vikram Nath and Justice Sandeep Mehta questioned the industry’s opposition to the proposed caution. It observed that there was no harm in displaying a warning if reports suggested the presence of microplastics."Matter is pending before the high court. Go there and convince that the order is not correct. Nothing wrong in displaying a warning," held the Court..The Bench further remarked that the High Court appeared to have relied on reports indicating the presence of microplastics in such products.“Government may be dragging its feet but the High Court is very affirmative on this that the reports have established presence of micro plastics. Why are you shying away from a mere warning? What is the problem? Let the public be aware,” said the Court..Senior Advocate AM Singhvi, appearing for the appellant-association, argued that the High Court order itself acknowledged that further scientific research was required on the issue.“The High Court order accepts that a lot more research is required before it can be banned. They did not implead me,” Singhvi submitted..The Bench, however, pointed out that several companies had already been made party to the proceedings.“Several companies are impleaded. They must be members of your association,” the Court observed..Singhvi responded that companies such as Coca-Cola and Pepsi were already involved in the case. He added that the allegation against bottled water manufacturers was that nano plastic particles from plastic bottles were being absorbed into the water.He further contended that the proposed warning label was itself incorrect.“But the research says it’s not true,” argued Singhvi..However, the Court maintained that the issue should be addressed before the Madras High Court, where the matter is currently pending..Singhvi also argued that warning labels could create unnecessary alarm among consumers.“Warning means a panic, doubt. Your Lordships know the consumer’s mind,” he said..The Bench responded by noting that public awareness regarding plastic usage was already increasing.“Mr Singhvi, you go and find out in your residence from the homemaker, you will find out this is right. People are reducing use of plastic bottles. There’s nothing wrong in it,” remarked the Court..Singhvi attempted to draw a comparison with artificial sweeteners.“A lot of us take sugar sweeteners. Why not pass a warning that it is harmful.”However, the Court reiterated that the petitioner should move the High Court..Following the exchange, Singhvi sought permission to withdraw the plea with liberty to approach the Madras High Court by way of a recall or modification application. The Bench allowed the request..While issuing the directions in its February 6, 2026 order, the Madras High Court had taken note of reports placed on record suggesting the presence of microplastics in commercially available bottled water, as well as in salt and sugar samples. The Court had observed that not warning consumers about such possible contamination could amount to misleading by omission under the Food Safety and Standards Act, 2006, and held consumers should at least be made aware of the possibility even as research on the health impact of microplastics continues..[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.