What law against selling expired products in India applies depends on the product: the Food Safety and Standards Act for food, the Drugs and Cosmetics Act for medicines and cosmetics, the Legal Metrology rules for packaged goods, the Consumer Protection Act for the buyer’s remedies, and the Bharatiya Nyaya Sanhita for criminal liability. Several laws can apply to the same sale. This is general information, not legal advice.
The Short Answer
Selling expired products is illegal in India, and multiple laws overlap.
- Guides describe it as an unfair trade practice and, in many cases, a criminal offence
- It’s treated most seriously for food and medicines, where safety is at stake
- Retailers, distributors and manufacturers can all be liable
Food: The Food Safety and Standards Act, 2006
FSSAI’s law is the main one for expired food.
- Packaged food must carry a “use by” or “expiry” date, and sale past that date is prohibited
- Section 27(3)(a) makes sellers liable for selling expired food, and Section 27(2)(a) makes wholesalers and distributors liable for supplying food after its expiry date
- Expired food is treated as unsafe food, with unsafe food punishable under Section 59: imprisonment up to life and a fine up to ₹10 lakh if it causes death
- Lower-level breaches carry fines, quoted at up to ₹5 lakh in several guides and up to ₹3 lakh in one FAQ, so the figure depends on the offence charged
- Authorities can also suspend licences and confiscate stock
- One blog notes a court held that selling food past its “best before” date doesn’t automatically make it unsafe, but still makes the seller liable to prosecution
Criminal Law: BNS
The penal code adds general offences.
- Sections 274 and 275 of the Bharatiya Nyaya Sanhita, which correspond to IPC Sections 272 and 273, criminalise adulteration of food and the sale of noxious food or drink
- The penalty is imprisonment up to six months or a fine up to ₹5,000 or both
- These sit alongside the FSS Act, and prosecutors can use either
Medicines and Cosmetics: Drugs and Cosmetics Act, 1940
Pharmacies face strict rules.
- Section 18 bars the sale of drugs that aren’t of standard quality, and one guide says Rule 65 of the Drugs and Cosmetics Rules, 1945 bars pharmacies from selling any drug beyond its expiry date
- One blog says expired medicines are treated as sub-standard drugs and that selling expired cosmetics can count as selling misbranded cosmetics, citing a prosecution involving a major cosmetics company
- Penalties include prosecution and licence action
Packaged Goods: Legal Metrology
Labelling rules cover everyday goods.
- The Legal Metrology (Packaged Commodities) Rules require mandatory declarations on pre-packed goods, including dates
- Selling packaged items that don’t meet these declarations can be an offence
- I couldn’t verify the specific section numbers one blog quotes, so rely on the rules themselves
The Buyer’s Remedies: Consumer Protection Act, 2019
This law gives you ways to get compensation.
- Selling an expired product can amount to an unfair trade practice under Section 2(47)
- Chapter VI covers product liability, and a claim can seek compensation for harm
- You can complain to the District, State or National Consumer Commission, and one guide says to send a legal notice first
- A July 2026 report says the Kurnool District Consumer Commission held a retail chain liable for selling expired noodles
What to Do If You Buy an Expired Product
Evidence matters most.
- Photograph the label, the expiry date and the packaging
- Keep the bill and the product
- Ask the seller for a replacement or refund in writing
- For food, complain to the Food Safety Officer or FSSAI, which can inspect and prosecute but won’t pay you compensation
- For compensation, file a complaint on the online consumer portal, which has replaced e-Daakhil with E-Jagriti
If You’re a Seller
Prevention is simple.
- Check dates at receipt and regularly on shelves, and remove stock before expiry
- Follow first-expiry-first-out
- Don’t sell at a discount past the date, since FSSAI guidance says no discount makes it legal
- Keep supplier invoices, because liability can trace back to distributors and manufacturers
FAQs
Q1. Is selling expired food illegal in India?
Yes. Sellers are liable under Section 27 of the FSS Act, and unsafe food can bring a fine up to ₹10 lakh and imprisonment.
Q2. What is the penalty for expired food?
Guides quote fines up to ₹5 lakh for lower breaches, while one says ₹3 lakh, and more serious cases carry prison.
Q3. Can I claim compensation?
Yes, through a consumer commission under the Consumer Protection Act, 2019, with evidence such as the bill and the product.
Q4. Are expired medicines treated differently?
Under the Drugs and Cosmetics Act, pharmacies can’t sell drugs beyond expiry, and expired drugs are treated as sub-standard.
