Raptkos, Brett and Company Ltd received a major reprieve on Thursday with the Bombay high court temporarily allowing the company to use Bureau of Indian Standard (BIS) mark on one of their infant milk substitute – Zerolac.
A division bench of Chief Justice Mohit Shah and justice Girish Godbole on Thursday temporarily stayed a BIS order under which the company had been restrained from using the mark on Zerolac. The reprieve would be available to the company till fresh decision is taken by the deputy director general, BIS on an order of on July 4, 2011.
On July 4, BIS had directed the company to add at least 12% milk fat in the product and also restrained it from using the standardisation mark till such addition was made. The order had put the company in jeopardy, as by then it had already distributed some 3.16 lakh packs of Zerolac across the country, and had nearly 1.56 lakh packs ready for distribution – both batches carrying the BIS mark.
Counsel for the company, advocate Uma Wagle, pointed out this difficulty and contended that the order was passed without offering an opportunity of hearing to them. The bench found substance in her contention and directed the BIS to pass a fresh order within one month after hearing the company. “A personal hearing has importance,” the judges said.
Zerolac, the petition filed by Raptakos, Brett and Company, says, is a Soya-based Lactose and Sucrose free infant milk substitute, being manufactured by the company since 1991.