Food For Fraud: The Rising Threat Of Counterfeit Food And Beverages
- IJLLR Journal
- Jun 22
- 2 min read
Nysa Suri, B.A. LL.B. (Hons.), SVKM NMIMS School of Law, Bengaluru
ABSTRACT
In early 2025, social media platforms went into a frenzy as many videos surfaced online showing paneer turning black when tested with iodine, a common indicator of starch contamination, in both high-end restaurants and local eateries across India. The panic was especially pronounced given that paneer is more than just a dairy product; it is an integral part of Indian cuisine, widely considered a household staple and a beloved delicacy across regions and communities. While the frenzy may have subsided, as netizens inevitably move on to the next viral cause, the incident draws attention to a far more serious and enduring concern: food fraud. Food fraud is the act of intentionally deceiving the consumers by adulterating, mislabelling, substituting or counterfeiting food products for economic gain. This may include- diluting milk with water, substituting basmati rice with cheaper varieties, selling Imul butter instead of Amul butter or adding palm oil to what is supposed to be milk-based ice creams. Not only does this erode consumer trust, market integrity, and food safety norms, it also poses a serious risk to public health. The complexity of the global food supply chain, involving a large number of intermediaries like farmers, brokers, processors, manufactures, wholesalers and retailers, coupled with lax regulatory monitoring and oversight and lenient penalties and ingenuous customers create opportunities for both legitimate actors who operate in the food supply chain and criminal organizations to engage in food fraud. This paper intends to shed light on the concept of food fraud and food-counterfeiting, its interplay with intellectual property laws and draws comparisons between major jurisdictions like the European Union, the US and India on how they tackle this pressing issue.
Keywords: Food Fraud; Food Counterfeiting; Intellectual Property Rights; Food Safety; Consumer Protection; Trademark Infringement; Comparative Regulatory Frameworks.
