Selling expired products in India is illegal and amounts to an unfair trade practice and, in many cases, a criminal offence. Indian law strictly protects consumers from unsafe, expired, adulterated, or misbranded goods—especially food, medicines, cosmetics, and daily-use products.
This article explains the laws that prohibit selling expired products, the penalties involved, and what consumers can do if they face such a situation.
1. Consumer Protection Act, 2019
The Consumer Protection Act, 2019 is the primary law safeguarding buyers against expired and unsafe products.
Key Provisions
- Selling expired goods amounts to defective goods and unfair trade practice
- Consumers have the right to:
- Refund or replacement
- Compensation for harm or loss
- Legal action against the seller, distributor, or manufacturer
Penalties
- Orders for refund, replacement, or compensation
- Fines up to ₹10 lakh for misleading or unfair practices
- Imprisonment in serious cases involving harm
Consumers can approach:
- District Consumer Commission
- State Consumer Commission
- National Consumer Commission
2. Food Safety and Standards Act, 2006 (FSSAI)
Selling expired food items is a serious offence under this Act.
What the Law Says
- Food past its “use by” or “best before” date cannot be sold
- Expired food is treated as unsafe food
Punishment
- Fine up to ₹10 lakh
- Imprisonment if the expired food causes injury or death
- Cancellation of food business licence
This law applies to:
- Grocery stores
- Restaurants
- Online food delivery platforms
- Food manufacturers and distributors
3. Drugs and Cosmetics Act, 1940
Selling expired medicines or cosmetics is a criminal offence.
Prohibited Acts
- Manufacturing, selling, or distributing expired drugs
- Stocking expired medicines for sale
Punishment
- Imprisonment up to 2 years (or more in serious cases)
- Heavy fines
- Cancellation of pharmacy or manufacturing licence
Pharmacists are legally required to:
- Check expiry dates
- Remove expired stock immediately
4. Indian Penal Code (IPC), 1860
Certain cases of selling expired products may also attract IPC provisions.
Relevant Sections
- Section 272 & 273 – Adulteration and sale of noxious food
- Section 420 – Cheating (if done knowingly or fraudulently)
Punishment
- Imprisonment and/or fine depending on the offence
5. Legal Metrology Act, 2009
This Act regulates packaging, labelling, and expiry declarations.
Selling products with:
- Hidden expiry dates
- Altered or tampered labels
is illegal and punishable with fines.
What Should a Consumer Do If Sold an Expired Product?
- Keep the bill and packaging
- Photograph the expiry date
- Demand refund or replacement
- File a complaint:
- Consumer Helpline: 1915
- Online: consumerhelpline.gov.in
- Consumer Commission (District level)
- For food items, complain to FSSAI
- For medicines, complain to Drug Control Department
Penalties and Offences Under FSSAI
Under the Food Safety and Standards Act, 2006, strict penalties are imposed on anyone who sells unsafe, substandard, or misleading food products in India. The law aims to protect consumers from health risks arising from contaminated or misrepresented food.
Some key offences and penalties include:
- Sale of adulterated or misrepresented food:
If a person sells food that is not what it is claimed to be, a fine of up to ₹5 lakh may be imposed. - Sale of substandard food:
If food does not meet prescribed quality standards, the offender may face a fine of up to ₹5 lakh. - Misbranded or misleading food products:
Selling food with false or deceptive labels can attract a fine of up to ₹3 lakh. - Sale of unsafe food causing harm:
If consumption of unsafe food causes injury, the seller or manufacturer may face imprisonment along with higher fines, depending on the severity of harm. - Sale of unsafe food causing death:
If unsafe food results in death, the offender may face imprisonment for life and a fine of up to ₹10 lakh.
Important Consumer Rights
Consumers have the right to:
- Safe and quality products
- Accurate information
- Protection from hazardous goods
- Legal remedy and compensation
Selling expired products violates these rights.
Conclusion
In India, selling expired products is strictly prohibited under multiple laws. Whether it is food, medicine, cosmetics, or packaged goods, traders and manufacturers are legally bound to ensure safety and compliance.
If you are sold an expired product, do not ignore it. The law empowers consumers to seek justice, compensation, and accountability.