Amazon India Banned from selling The Pakistani Rooh Afza Variant
Hamdard National Foundation filed a petition in the court highlighting that some variants of Rooh Afza listed on Amazon India were not manufactured by the Hamdard Laboratories (India), but by its Pakistani namesakes
Rooh Afza is a sweet, dark red-coloured thick syrup made of fruits, roses, and herbs, and is known for its cooling properties. It can be consumed as a simple drink or can be added to milk, lassi, and desserts like phirni and falooda. It is widely consumed during the summer months and around Eid, especially after the iftar meals.
Rooh Afza, meaning the one that refresh the soul is one of the favourite summer drinks of India. The drink was first made by Hakim Hafiz Abdul Majeed, a traditional healing practitioner in 1907 and sold in Old Delhi.
After the partition, Majeed’s younger son, Hakim Mohammed Said migrated to Pakistan and set up Hamdard there, while elder son Abdul Hameed stayed back in India and worked on the same brand.
After the Partition of India, both India and Pakistan started manufacturing Rooh Afza. A third unit was formed in 1971 in Bangladesh after its independence.
According to a New York Times report in 2021, all three businesses are run by members of the same family.
As per news reports, Hamdard India makes more than Rs 200 crore per annum only by selling products under the Rooh Afza name. However Amazon started selling Pakistani product in India without disclosing the fact.
India-based Hamdard National Foundation filed a petition in the court highlighting that some variants of Rooh Afza listed on Amazon India were not manufactured by the Hamdard Laboratories (India), but by its Pakistani namesakes, whose details are not mentioned on the packaging, a report in The Indian Express said.
In the suit, Hamdard National Foundation and Hamdard Laboratories India furnished proofs that they own rights over ‘Hamdard’ and ‘Rooh Afza’ marks and added that last year they noticed various entities selling ‘Rooh Afza’ products on Amazon.
A few companies withdrew their products after Hamdard Laboratories India sent notices to the sellers. The foundation reportedly told the court that one of the manufacturers in Pakistan was found to be Hamdard Laboratory (Waqf), Pakistan, which was set up by Hakim Mohammed Said.
In a recent order, the Delhi High Court has asked Amazon India to remove the Pakistan-manufactured Rooh Afza from its listings for Indian customers after the Indian manufacturer filed a case highlighting that the Pakistan-made drink was sold in India through the e-commerce site.
In the verdict, Justice Prathiba M Singh said that Rooh Afza is a product, which has been consumed by the Indian public for more than a century now, and its quality standards have to comply with the applicable regulations prescribed by the Food Safety and Standards Act and Legal Metrology Act. “It is surprising that an imported product is being sold on Amazon without complete details of the manufacturer being disclosed.
The listings of infringing ‘ROOH AFZA’ products on the website not originating from the Plaintiffs (Hamdard National Foundation) shall be removed within 48 hours,” Justice Singh said in an order released on September 7, as quoted by the newspaper.
The court added that: “Any consumer or user on the platform (Amazon) is likely to confuse the ‘ROOH AFZA’ product originating from Hamdard Laboratories (Waqf), Pakistan as being connected or originating from the Plaintiffs.”
The bench said since Amazon claims to be an intermediary, it has an obligation to disclose the names of sellers and their contact details, with the product listings.
Later, it asked Amazon to file an affidavit clarifying whether such details are mentioned on the Rooh Afza product listings, invoices, and product labels.
