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Shikha Chadha (CS)     23 March 2011

Is footwear comes under pre packaged commodity

Plz advise

Under Legal Metrology ACt,2009, are footwears comes under the category of pre package commodity??


 2 Replies

JINALI SHAH   10 May 2021

The pre-packaged commodity is defined under section 2(I) of the legal metrology act, 2009.

According to this section, a pre-packaged commodity means when a commodity is placed in a package or container of whichever nature, with or without the seal so that the product under the package has a predetermined quantity and such commodity is packed in the absence of the purchaser. 

As per the judgement of various high courts in India, a pre-packaged commodity is not one that is packaged to transport or packaged for the convenience of the consumers. Packaging for such purposes is not called a pre-packaged commodity. 

In one such case, the Supreme Court observed that the shoes packed in a single unit of carton were meant for retail sale. After proper reading of explanation (1) of Rule 2(1), the court noted that the petitioner's product (i.e. Reebok shoes) falls under the term pre-packaged commodity. 

Reference case: M/s. Reebok India Company v. Union of India & Others. 


Nirali Nayak   25 June 2021

Hello mam, greetings of the day.
As per your query, foot wears that are taken out of the package and kept for display do not fall under the category of pre package commodity under Legal Metrology Act, 2009. The Legal Metrology Act 2009 was brought into force with the aim of protecting consumer interests while at the same time keeping the industry free from unnecessary interference. 
Section 2(l) of The Legal Metrology Act, 2009 defines the Pre-packaged commodity as:
"Pre‐packaged commodity" means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre‐determined quantity.”
While hearing the cases against these commodities, The Madras, Andhra Pradesh and Bombay High Courts have observed that commodities that are packaged only for the purpose of transporting and packaging and are meant for the convenience of consumers, are not a pre-packaged commodity. 
The Bombay High Court in para 10 of its judgment of Titan Industries Ltd. v. Union of India and Ors. [AIR 2006 Bom 336] observed that:
"The test would be firstly whether by the very nature of the commodity it requires to be packed before it can be sold. Secondly, in the event a package is opened does it undergo any perceptible change or reduction in value? If these twin tests are met, then only can it be said that the package contains a pre‐packed commodity. Merely because the commodity is packed for protection during conveyance or otherwise or in the fancy package, would not result in the package becoming a pre‐packed commodity. The Rule, therefore, along with the explanation aims to include only those Pre‐packed commodities which by the very nature are required to be packed before they are sold."
Hope this solves your query.
Nirali Nayak
Law Student

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