Delhi HC directs removal of social media post that claimed centipede found in Amul ice cream tub

NEW DELHI: The Delhi high court has ordered a Noida resident to remove her social media posts claiming she found a centipede in a tub of Amul ice cream.
Justice Manmeet P S Arora, addressing a lawsuit filed by Gujarat Cooperative Milk Marketing Federation, which markets Amul products, also prohibited the customer from posting similar content on social media platforms until further notice.
The social media post in question was shared by Deepa Devi on the platform 'X' (formerly Twitter) on June 15, showing a picture of a centipede inside the Amul ice cream tub she had ordered through an instant delivery app.
The plaintiff company argued in court that such a claim was false and impossible, given the stringent quality controls at their facilities, which ensure that no foreign substances, including insects, can be present in a sealed ice cream tub.
In the order issued on July 4, the court took note of the customers' lack of cooperation and absence from the proceedings, which the court believed lent credence to the company's claims.
It was noted that the customers were offered a chance to participate in court proceedings and substantiate their social media claims but chose not to appear. They also refused to give the ice cream tub to the company for inspection.
"The non-appearance of defendant nos. 1 and 2 (Deepa Devi and her husband) evidences their unwillingness to participate in the forensic examination and verification of their claims of the dead insect made in the social media posts uploaded on 15.06.2024," observed the court in an ad interim ex-parte order.
"Defendant nos. 1 and 2 are directed to forthwith remove the social media posts uploaded by them on defendant no. 1's Twitter/X account titled @Deepadi11 ..within 3 days," ordered the court.
They are restrained from "posting and uploading any content identical or similar to the said post" on 'X' or any other social media platform including Facebook, Instagram, and YouTube until further orders, it said.
They are further restrained from "publishing or causing to publish any content with regard to the plaintiff or plaintiff's product with respect to the incidents referred to in the plaint, anywhere on the internet or in print or electronic media until further orders," it added.
The court also clarified that if the defendants fail to remove the social media posts within three days, the company can request 'X' to delete the posts from their platform.
Represented by senior advocate Sunil Dalal and lawyer Abhishek Singh, the plaintiff company submitted that while they were willing to investigate the matter and had reached out to the customers on June 15, the latter refused to hand over the ice cream tub to their officials.
The company highlighted that their production process involves numerous stringent quality checks at every stage, from the procurement of raw milk from the farmers to the manufacturing of the ice cream at their ISO-certified plants and the loading of the finished product into temperature-controlled, refrigerated vans.
The court was informed that these rigorous quality checks are designed to prevent any physical, bacterial, or chemical contamination, ensuring that each product meets the standards set by the Food Safety and Standards Authority of India.
The plaintiff argued that a forensic examination by any government laboratory could effectively determine whether the insect was indeed present in the ice cream tub before it was sealed and packed.