Regulator cites public health risk after datura listings surface

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Karnataka's Food Safety and Drug Administration directed competent authorities to suspend, until further orders, the food licences issued to Amazon, Swiggy Instamart and BigBasket, citing the online sale and distribution of datura fruits and seeds intended for food or human consumption. The department said the action was taken in accordance with the Food Safety and Standards Act, 2006 and the rules and regulations made under it, and asked for a compliance report forthwith. "The dhatura plant possesses toxic properties, and the consumption of its fruits and seeds may cause serious adverse effects on human health," the Food Safety and Drug Administration said in a press release.

Inspections followed a citizen complaint

The regulator said the issue came to its notice after datura fruits and seeds were found displayed for sale on certain online platforms under FSSAI licences and registrations. Food safety officials inspected the platforms and found datura being stored in warehouses and offered online, with some packets carrying FSSAI food license or registration numbers despite the plant being poisonous. The action followed concerns raised by a citizen over the sale of datura on online grocery platforms, and the regulator determined that storing, selling or distributing the fruits and seeds as food was not permissible under food safety laws. Datura was reportedly being sold as a fruit for around ₹18-20 per piece on the platforms.

Companies' responses rejected by the regulator

Representatives of Amazon, Swiggy Instamart and BigBasket appeared before the food safety authority on August 24. Amazon did not submit a response to the notice, Swiggy Instamart sought additional time to submit documents detailing the action taken after receiving the department's notice, and BigBasket said it had stopped selling datura online and would change the labeling to clearly state that the product is "Not for human consumption." The regulator said the explanations did not adequately address the concerns and maintained that datura could not be stored, sold or distributed as a food product.

Suppliers directed to halt sales and remove listings

Alongside the platform-level suspensions, the department ordered the immediate suspension of the licences and registrations of establishments and sellers supplying datura products to the three online platforms. It directed all concerned food business operators to remove listings, advertisements and promotional material relating to datura intended for food or human consumption. Any violation of the order could invite further action under applicable laws.

Scope of the action under food safety law

The action has been taken under the Food Safety and Standards Act, 2006, and the Food Safety and Standards Rules, 2011. Datura, also known as dhatura or thorn apple, is a poisonous plant from the nightshade family; while it is used for religious purposes and in some traditional medicinal practices, consuming it can be dangerous because of its toxic compounds. The suspensions remain in force until further orders from the regulator.

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