Kerala High Court Orders Inspection And Sampling Of One-Tonne Kumkum Stock In Erumeli, Flags Widespread Sale Of Unlabelled Cosmetics
Deekshitha Sharmile
The High Court of Kerala Division Bench of Justice Raja Vijayaraghavan V and Justice K V Jayakumar directed a multi-departmental team of Drugs Inspectors and Legal Metrology officials to immediately inspect an Erumeli establishment where more than a tonne of kumkum was stored, draw samples in the prescribed manner, and forward them to an accredited laboratory, with the analysis report to be placed before the Court at the earliest. The Bench also directed the competent authorities and the Pollution Control Board to conduct routine checks and ensure kumkum is not sold without mandatory labelling and packaging, after noting that vendors were selling it openly to pilgrims in a manner the Court treated as violative of statutory standards.
The matter arose from suo motu proceedings initiated by the Kerala High Court concerning facilities for Sabarimala pilgrims during the Mandalam-Makaravilakku festival season. During the course of proceedings, issues relating to the sale and storage of KumKum at Erumeli were brought before the Court.
An additional respondent engaged in the business of raincoats stated in a counter affidavit that he had purchased approximately three tonnes of organic KumKum from a trader in Mumbai. The material was handed over to another respondent operating a commercial establishment at Erumeli. It was claimed that the KumKum was manufactured using maize starch, food-grade colours, and natural rose aroma, and was not synthetic. Laboratory reports furnished by the supplier were also produced.
On examination, the Court noted that the bills indicated supply in 50 kg bags, while the laboratory reports pertained only to small sealed packets of Holi colours. Another report produced related to pollution and effluent testing, which was found irrelevant to KumKum intended for human application. The Court recorded that vendors were selling KumKum openly in sacks and vessels without labels. Statutory provisions invoked included the Cosmetics Rules, 2020, Legal Metrology (Packaged Commodities) Rules, 2011, and BIS Standard IS:10999.
The Court observed: “On examining the bills produced, we find that the KumKum purchased by the 33rd respondent from KJK Traders was supplied in 50 kg bags.”
It further stated: “The analysis report produced by the respondent, purportedly issued by Intertek, pertains only to small sealed packets of Green, Pink, Yellow, Orange, and Blue ‘Rang Barse Holi Colours’. It does not appear to us that the said laboratory report has any connection with, or bears any relevance to, the wholesale sacks delivered to the 33rd respondent by KJK Traders.”
The Court recorded: “Even otherwise, insofar as the analysis report issued by the 34th respondent is concerned, the parameters tested relate exclusively to the category ‘Pollution and Environment [Waste Water (Effluents/Sewage)]’, which is wholly irrelevant and inapplicable to the testing of KumKum intended for direct application on the human body.”
It noted: “From the photographs placed before us, it is evident that most of the vendors are selling KumKum kept openly in large vessels, sacks, and bags.” The Court stated: “Under Rule 34 of the Cosmetics Rules, 2020, every cosmetic must display, on both the inner and outer labels, the name and full address of the manufacturer, the list of ingredients, batch number, manufacturing date, expiry date, and a declaration of conformity with applicable BIS Standards.”
It further observed: “Evidence of compliance with IS:10999 is also mandatory. The sale of unlabelled and unpackaged KumKum is therefore in direct violation of the Legal Metrology (Packaged Commodities) Rules, 2011, the Cosmetics Rules, 2020, and BIS Standard IS:10999.”
The Court recorded submissions: “The learned counsel appearing for the Erumeli Grama Panchayat submitted that, apart from the indiscriminate sale of KumKum by various individuals, several pilgrims from outside the State are also carrying KumKum with them.” It noted: “The local authority shall make earnest efforts to sensitise and educate the pilgrims by authorising Health Inspectors and other officers to advise them against carrying synthetic KumKum and against washing it into the Valiyathodu and Manimala rivers.”
Finally, the Court observed: “Having considered the submissions advanced, we find that more than one tonne of KumKum is stored in the premises of Puthenpurackal Coir Mart, Mundakayam-Erumeli Road, Mundakayam, Erumeli, Kerala - 686509, owned by Sri. P. U. Ashraf.”
The Court directed: “We constitute a team comprising the Drugs Inspector, Zone-I, Kottayam; the Drugs Inspector, Zone-I, Pathanamthitta; and Deputy Controller (Flying Squad), Legal Metrology, Kottayam, to immediately inspect the premises of Puthenpurackal Coir Mart and to draw adequate samples of the KumKum stored therein in accordance with the prescribed procedure.”
“The samples collected shall be forwarded to a recognised and accredited laboratory, and the analysis report shall be placed before this Court at the earliest. There will be a direction to the competent authorities under the Drugs and Cosmetics Act, 1940 and the Legal Metrology Department to ensure that unlabelled and unpackaged KumKum is not sold in violation of the Legal Metrology (Packaged Commodities) Rules, 2011, the Cosmetics Rules, 2020, and BIS Standard IS: 10999.”
“The Environmental Engineer, Kerala State Pollution Control Board, Pathanamthitta (Respondent No. 37), shall conduct routine inspections and shall also place before this Court the analysis report obtained in respect of the samples collected pursuant to our earlier directions.”
“We suo motu implead Sri. P. U. Ashraf, Puthenpurackal Coir Mart, Mundakayam-Erumeli Road, Mundakayam, Erumeli, Kerala - 686509, as additional 38th respondent. Issue notice to the additional 38th respondent.”
Case Title: IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SABARIMALA SPECIAL COMMISSIONER
Case Number: SSCR No. 29 of 2025
Bench: Justice Raja Vijayaraghavan V, Justice K.V. Jayakumar
