Kerala High Court Cracks Down on Synthetic KumKum Sale, Orders Strict Compliance with Safety Standards

Court Orders Routine Inspections and Impleads Key Distributors to Curb Health Hazards

In a significant move to safeguard public health, the Kerala High Court has issued a stern directive against the sale of chemically manufactured or synthetic KumKum, mandating compliance with stringent statutory safety standards. The court's decision, delivered on December 3, 2025, emphasizes the risks posed by synthetic KumKum, categorizing it as an adulterated cosmetic under the Drugs and Cosmetics Act, 1940. This decision follows concerns over serious health and environmental hazards associated with synthetic KumKum.

In the suo motu case titled Suo Motu v. Union Government, Ministry of Railways, the division bench comprising Justices Raja Vijayaraghavan V and K.V. Jayakumar underscored the necessity for manufacturers, dealers, and sellers to adhere to multiple statutory frameworks, including the Drugs and Cosmetics Act, 1940, Cosmetic Rules, 2020, Bureau of Indian Standards Act, 2016, and Legal Metrology Act, 2009. The court explicitly banned the manufacture, distribution, or sale of synthetic KumKum, cautioning that violators would face penal consequences as per Section 27A of the Drugs and Cosmetics Act, 1940.

The court's order extends to routine inspections by competent authorities to enforce compliance, warning that any vendor found violating the ban would have their Kuthaka rights revoked and be subject to further legal action. This robust stance comes after the Panchayat authorities reported widespread distribution of synthetic KumKum, despite the court's earlier prohibition.

The case took a decisive turn when the court identified 'Ideal Enterprises' as the principal distributor of the synthetic KumKum, allegedly certified by 'Kerala Enviro Infrastructure Limited - Laboratory'. The High Court has now suo motu impleaded both entities, directing immediate issuance of notices to them through a Special Messenger.

This proactive judicial intervention aims to address the continued sale of synthetic KumKum, ensuring that all products meet safety and transparency obligations. The court's actions reflect its commitment to public health, mandating that only naturally sourced KumKum should be available in the market.

The Kerala High Court is set to revisit the matter on December 5, 2025, to assess compliance and take further necessary actions to eradicate the sale of hazardous synthetic KumKum.

Bottom Line:

Sale and use of KumKum governed by multiple statutory frameworks mandating safety standards, transparency obligations, and strict labelling requirements. Manufacture, distribution, or sale of chemically manufactured or synthetic KumKum prohibited due to serious health and environmental hazards.

Statutory provision(s): Drugs and Cosmetics Act, 1940, Bureau of Indian Standards Act, 2016, Legal Metrology Act, 2009, Cosmetic Rules, 2020, Legal Metrology (Packaged Commodities) Rules, 2011.

Suo Motu v. Union Government, Ministry of Railways, (Kerala)(DB) : Law Finder Doc Id # 2817755