If you are stuck in such a situation, here is what to do.

Mr. Sameer, a resident of Janakpuri, was a loyal customer of ‘Wellness Pharma Ltd.’, a well-known pharmaceutical company. For over three years, he had been regularly purchasing their multivitamin supplements. One morning, as he was about to take his daily dose, he noticed something unusual. A dark strand, which on closer inspection turned out to be a human hair, was visibly embedded within the gelatin capsule. The discovery was not only disgusting but also raised serious questions about the manufacturing standards and quality control of a product he trusted for his health. This incident prompted him to explore his legal options against the company for such a gross lapse in hygiene and safety.

Advice in such cases

• Preserve the Evidence: Do not throw away the capsule or its packaging. Store it safely in a sealed container. This is the most crucial piece of evidence.
• Document Everything: Take clear photographs and videos of the contaminated capsule from multiple angles. Also, keep the purchase receipt or invoice safe as proof of purchase.
• Report to the Company: Draft a formal complaint and send it to the company’s customer care via email. Detail the issue, including the product name, batch number, and date of purchase. Keep a record of all communication.
• File a Regulatory Complaint: You can file a complaint with the drug regulatory authority, such as the Central Drugs Standard Control Organisation (CDSCO) or the state’s Food and Drug Administration (FDA).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several laws can be invoked in such a situation:

• The Consumer Protection Act, 2019: This is the primary legislation for such grievances. The presence of a foreign object like hair amounts to a ‘defect’ in the product and an ‘unfair trade practice’. You can file a claim for compensation for the deficient product and the mental agony caused.
• The Drugs and Cosmetics Act, 1940: A medicine containing a foreign substance can be classified as ‘adulterated’ or ‘misbranded’ under this Act, which entails penalties for the manufacturer.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Provisions related to adulteration of drugs can be applicable. Section 287 of the BNS deals with the adulteration of drugs, and Section 288 deals with the sale of such adulterated drugs. If consumption had led to health issues, more stringent sections related to causing harm through negligence could be applied.

If you are the complainant

• Gather all your evidence meticulously—the capsule, packaging, bill, photos, and correspondence with the company.
• Through your lawyer, send a formal Legal Notice to the manufacturer, detailing the grievance and demanding compensation. This often leads to a settlement without litigation.
• If the company does not respond satisfactorily, file a complaint before the appropriate Consumer Disputes Redressal Commission (District, State, or National, depending on the claim value).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Immediately stop consuming any more capsules from that particular bottle or batch.
• Preserve the contaminated capsule and the entire packaging, including the bottle and box, as they contain vital information like the batch number.
• Even if you feel fine, it may be prudent to consult a doctor to rule out any potential health risks from the contamination.
• Document any mental distress, anxiety, or disgust you have experienced due to this incident, as this can be a ground for claiming compensation for mental agony.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Generally, the police may not be the first point of contact for such an issue, as it is primarily seen as a consumer dispute. They would likely direct you to the Consumer Commission or the office of the Drug Inspector. However, if the contamination is widespread, affecting many people and causing serious illness or death, the police would get involved. In such a scenario, they would register an FIR under the relevant sections of the Bharatiya Nyaya Sanhita, 2023, and conduct a criminal investigation as per the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

What evidence is required?

The most critical pieces of evidence include:

• The actual contaminated product (the capsule with the hair).
• The original packaging, bottle, and box with the batch number, manufacturing, and expiry dates clearly visible.
• The original bill or invoice as proof of purchase.
• Clear, high-resolution photographs and videos of the product.
• Copies of all communication (emails, letters) sent to the company.
• A report from a certified laboratory, if you choose to get the product tested.

How long will the investigation take?

The timeline varies depending on the legal route you take. A case in the Consumer Commission is designed for speedy resolution, with a statutory timeline of three to five months, though it can sometimes take longer. If a criminal investigation is initiated, the process under the BNSS can be more prolonged, involving evidence collection, forensic analysis, and filing of a final report (chargesheet) by the police, which can take several months to years.

Advocate Sudhir Rao, Supreme Court of India