Mumbai, August 10, 2026: The Bombay High Court on Monday permitted Amazon Retail India to prepare an inventory of expired food products lying at its Bhiwandi warehouse and destroy them under the supervision of the Food and Drug Administration (FDA), even as the company challenged the cancellation of its food licence.
A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said the arrangement would continue until it hears Amazon’s petition on merits and passes further orders.
Inventory And Destruction Ordered
The court directed Amazon to prepare, within a day, an inventory of all expired goods lying in its warehouse and hand it over to the concerned FDA officer for verification. The expired food items will then be destroyed in accordance with the FDA’s November 3, 2025 advisory.
The bench issued notice to the respondents and posted the matter for August 27. The affidavit in reply is to be filed by August 20.
FDA Action Challenged
The FDA had taken action against Amazon’s Bhiwandi warehouse after alleging that expired food products meant for disposal were being sent into the retail market. Amazon has denied the allegations and challenged the suspension and subsequent cancellation of its food licence.
During Monday’s hearing, Government Pleader Neha Bhide said the FDA had issued notices after finding that the disposal was not being carried out as per prescribed norms. She said Amazon had not produced CCTV footage or documentation relating to the disposal.
The court suggested that the expired stock could be destroyed under the FDA’s supervision, which was agreed to by both parties.
Court Questions FDA Approach
The court had earlier criticised the FDA’s approach, saying that while the regulator’s efforts were appreciated, it had to act systematically and follow due procedure. "In order to implement your policies vigorously, you try to kill a mosquito with a sword," the bench had observed last week.
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Dhond had submitted that FDA officials inspected the warehouse on June 24 and suspended its licence the very next day without issuing an improvement notice. He argued that the dispute concerned the disposal of expired food products and not the overall functioning of the warehouse.
He had also questioned the FDA’s decision to cancel the licence while Amazon’s appeal against the suspension was pending.
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