Madras High Court (File Photo | Express)
Tamil Nadu

Madras HC warns of ‘grim’ risks as microplastics cross body barriers

The Madras High Court bench said if such harmful materials are found even before packaging the water, the consumer should be informed of it.

R Sivakumar

CHENNAI: Stating that the bio-non degradable micro plastics breach the human body barriers to get into the blood vessels and reach other human organs, the Madras High Court has said if such particles cross the placenta and become part of the developing embryo, the situation is ‘indeed grim’.

The observation was made by a division bench of justices N Sathish Kumar and D Bharatha Chakravarthy while dismissing the review and recall petitions filed by the FSSAI, the Federation of All India Packaged Drinking Water Manufacturers Association and PET Packaging Association for Clean Environment seeking review and recall the bench’s February 6 order on mandatory warning to be made on PET water bottles and packets of sugar and salt on the presence of micro/nano plastics.

The bench noted that domestic and international studies and scientific literature been done with respect to the micro plastics’ potential for affecting systems of digestive and gastrointestinal, cardiovascular, renal and excretory, reproductive and developments, endocrine and metabolism, cellular and molecular and the possibility of long-term and carcinogenic concerns.

“All studies confirm that these bio-non-degradable particles, once inside the body, pass through body barriers into the bloodstream and, as a contaminant, move through blood vessels into other organs,” it said in the order passed on Monday.

The bench noted, “Even placental samples and breast milk contained these particles. Thus, there can be no dispute over the ‘plausible biological mechanism.”

The High Court bench cited an article appeared in the TNIE https://www.newindianexpress.com/lifestyle/health/2026/Sep/14/microplastics-in-blood-small-in-size-big-in-threat#goog_rewarded.

“We have already observed that even placentas contain micro/nano plastics and that, if such particles cross the placenta and become part of the developing embryo, the situation is indeed grim.,” the bench stated in the order.

It said under Section 16 of the Act, FSSAI is mandated to frame labelling standards. However, FSSAI has not made it mandatory the disclosure of information on the label, despite repeated directions of this Court to come up with the measures.

“More specifically, Section 18(1)(f) of the Act fastens a mandate upon the FSSAI to inform the general public of the nature of the risk to health.  Further, Section 18 (2) (e) requires the right of ‘informed choice’ to be ensured,” the bench said.

Referring to the arguments of the petitioners that microplastics may be present in the very sources of water, the bench said if such harmful materials are found even before packaging the water, the consumer should be informed of it.

The court brushed aside the arguments that such a labelling system is not adopted even in the developed countries and said the circumstances prevailing in the country are different from others where safe potable water is supplied.

It noted that 1.90 million tons of PET bottles were consumed in 2024-25, of which bottles account for 92% showing an increasing trend as the figures for 2020-21 is 1.10 million recording a growth of 12 to 14 per cent per year.

Therefore, this is a grave and important concern for our country, and no comparison can be made with other countries, the bench said.

The review/recall petitioners' contention as to how far human beings can withstand and tolerate micro/nano plastic particles should be first determined becomes redundant, the bench said, noting that its Feb. 6 order was passed only to enable consumers to make an informed choice.

It made it clear that the February 6 order will be subject to further hearing of all the parties and continuation of the studies in this regard.

Advocates Chevanan Mohan, T Mohan, M Santhanaraman, Yogeshwaran and Rahul Balaji assisted the court as amici curiae.

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