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MEDIANAMA

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Who is liable for spoiled food on quick-commerce apps? FS...
Aakriti Bansal · 2026-06-01 · via MEDIANAMA

The Food Safety and Standards Authority of India (FSSAI) has sent Blinkit two notices within two weeks over consumer complaints about spoiled food, according to Hindu BusinessLine. The latest flags a consumer who ordered curd through the app, fell sick after consuming it, and sought medical help, attaching their prescription to the complaint filed with the regulator.

What FSSAI’s letter said: In its letter to Blinkit’s senior executives, FSSAI said it had been receiving multiple complaints through social media and direct representations about unhygienic, spoiled, and damaged food delivered by sellers through the platform. It directed Blinkit to:

  • Provide a formal explanation for the complaints
  • Submit a comprehensive action taken report (ATR) in a time-bound manner

The regulator cited Sections 26 and 27 of the Food Safety and Standards Act, 2006. Section 26 places a positive duty on every food business operator (FBO) to ensure that the food it handles is safe, meets standards, and is not misbranded. Section 27 prohibits an FBO from storing, selling, or distributing food that is unsafe, adulterated, or unfit for consumption. Together, the two sections mean Blinkit cannot claim it was simply a delivery channel, as it had an active legal obligation to ensure the curd was safe before it reached the consumer.

The eggs notice: On May 15, FSSAI sent a separate notice to Blinkit after social media users complained about poor-quality eggs sold through the platform, directing the company to submit an ATR within seven days. Consumers alleged the eggs were

  • Smelly and rubbery in texture
  • Plastic-like in consistency
  • Unfit for human consumption

The liability question: From September 1, 2025, Blinkit formally shifted to an inventory-led model, directly purchasing goods from brands and sellers, storing them in its own dark stores, and issuing invoices under its own GSTIN through Blink Commerce Private Limited (BCPL), making it the legal seller of record. By Q3 FY26, nearly 90% of Blinkit’s net order value flowed through this first-party model.

What this means for liability:

  • The FSS Act defines an FBO as anyone who manufactures, stores, or distributes food. With Blinkit acting as the legal seller of record for nearly 90% of its orders, that question is largely answered in FSSAI’s favour.
  • Blinkit can no longer claim to be a neutral marketplace, passing responsibility to third-party sellers.
  • FSSAI’s notices are not just a compliance nudge. They are the regulator holding Blinkit to the full weight of FBO liability it assumed when it made the inventory shift.
  • What remains unresolved is whether FSSAI will move beyond notices and ATRs toward harder enforcement, such as licence suspensions or penalties.

What Blinkit’s terms say: Blinkit’s own terms of service still position it as a neutral marketplace. The terms state that Blinkit “is not and cannot be a party to any transaction between you and the Third Party Sellers” and “disclaims all warranties and liabilities associated with any Third Party Offerings.” On delivery partners, the terms add that Blinkit “in no case whatsoever, can be held liable” for their acts or omissions.

This creates a direct tension with FSSAI’s position that Blinkit is an FBO fully liable for food safety failures. The terms do direct consumers to the Food Safety Connect app for food safety complaints, without specifying any platform-level redress mechanism.

The quality check question: Blinkit has not publicly disclosed what quality control protocols apply at the dark store level before perishables are dispatched. A June 2025 inspection by the Maharashtra Food and Drug Administration (FDA) found dust-ridden products, torn wrappers, food particles on the floor, and no medical certificates for any of the 50 staff members at a Blinkit dark store in Pune. Whether Blinkit has since overhauled its dark store protocols remains unaddressed.

Broader context: FSSAI has been escalating enforcement against quick commerce since at least 2024.

  • June 2025: Maharashtra’s Food and Drug Administration (FDA) suspended the food licence of Zepto’s Dharavi dark store after discovering spoiled food, fungal growth, and improper cold storage. The suspension was revoked following re-inspection.
  • June 2025: The Maharashtra FDA shut a Blinkit dark store in Pune’s Balewadi area for operating without a valid licence and storing food improperly.
  • July 8, 2025: FSSAI convened a high-level meeting with over 70 e-commerce platform representatives, warning that non-compliance would attract severe action and directing platforms to share warehouse and food handler data with the regulator.
  • November 2024: FSSAI directed e-commerce FBOs to ensure products delivered to consumers retain at least 30% of their shelf life or have 45 days remaining before expiry.

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