A writ petition filed against Maliban Biscuit (Pvt) Ltd for selling Lemon Puff biscuits with the words “Real Lemon Cream” in the biscuit wrappers was withdrawn by petitioner himself following the company’s decision to remove the wordings from the biscuit wrappers.
General Secretary of Sri Lanka Vinivida Peramuna Nagananda Kodituwakku had filed this writ petition against Maliban Biscuit (Pvt) Ltd for selling Lemon Puff biscuits containing the words “Real Lemon Cream” by misleading the public in violation of the food standard regulations.
The Court was informed that the biscuit company is no longer using the words “Real Lemon Cream” in the biscuit wrappers. Accordingly, the petitioner decided to withdraw the petition, when it came up before Court of Appeal two-judge-bench comprising Justice Sobhitha Rajakaruna and Justice Dammika Ganeploa.
Additional Solicitor General Sumathi Dharmawardena PC appearing for the Sri Lanka Standards Institute and Consumer Affairs Authority (CAA) submitted to Court that the SLSI had conducted an audit of the biscuit company premises to ascertain whether steps had been taken to remove the words “Real Lemon Cream” from the biscuit wrappers.
Mr. Dharmawardena told Court that the audit conducted by SLSI has revealed that words “Real Lemon Cream” had been removed from the biscuit wrappers. He further submitted to Court that the biscuit company had replaced all artificial and natural identical flavors with natural flavors and colors.
In his petition, public interest litigation activist Kodituwakku alleged that what is being used in the manufacture of lemon puff is lemon flavoring and not real lemon cream. He alleged that the biscuit company was misleading the public in violation of the food standard regulations. The Petitioner further alleged that both SLSI and CAA had failed to take appropriate action against the company in terms of the law.
Accordingly, the SLSI by letter dated 05.02.2019, instructed the business company to remedy the violation by removing the words “Real Lemon Cream” from the wrappers.
