The Indian pet food industry’s legal bite: trends, regulations, and IP hurdles

The Indian pet food industry has grown significantly, driven by rising pet ownership, the advancement of pet humanisation, higher disposable incomes, and greater awareness of pet nutrition. According to the India Pet Food Market report (2020-2030F), the market was valued at $843.89 million in 2024 and is projected to reach $1.98 billion by 2030. This article explores key industry trends, the regulatory frameworks, intellectual property (IP) challenges, and possible solutions.

The following trends are currently prominent in the Indian pet food industry:

• A shift from home-cooked food to packaged food;

• Premiumisation – there is an increasing demand for organic, grain-free, and breed-specific diets;

• A rise of domestic brands – indigenous manufacturers offer innovative, cost-effective alternatives to imports;

• E-commerce and direct-to-consumer expansion – online platforms provide greater accessibility, with specialised retailers and vet clinics enhancing product offerings;

• Functional and health-focused diets – there is a growing demand for pet food enriched with probiotics, supplements, and therapeutic formulations;

• Sustainable practices – pet owners generally favour eco-friendly packaging and sustainably sourced ingredients; and

• Evolving pet demographics – while dog ownership remains dominant, cat adoption is surging (an 88.2% increase from 2017–22) due to urban living preferences.

The pet food industry is governed by the following laws and regulations:

• The Bureau of Indian Standards (BIS) – the BIS introduced IS 11968:2019, titled Pet Food for Dogs and Cats — Specification (First Revision), setting voluntary quality benchmarks for pet food and outlining requirements, sampling methods, and testing procedures for complete pet foods. Industry stakeholders advocate making it mandatory to ensure consistent safety and quality.

• The Pet Food Products of Animal Origin (Import into India) Order, 2008 – enacted by the Department of Animal Husbandry, Dairying, and Fisheries, this order regulates imported pet food containing animal-derived ingredients to prevent zoonotic diseases but does not cover domestic products.

• The Legal Metrology Act, 2009 – this Act, supplemented by The Legal Metrology (Packaged Commodities) Rules, 2011, regulates packaging, labelling, and weight declarations on pet food products.

• The Consumer Protection (E-Commerce) Rules, 2020 – the rules require accurate disclosures of product descriptions, ingredients, nutritional value, expiry dates, etc., seller transparency, return policies, and grievance redressal mechanisms for online pet food sales and mandate compliance with the Consumer Protection Act, 2019.

• The Information Technology Act, 2000 (the IT Act) – this Act protects consumer data privacy and online transactions. Online pet food platforms must ensure secure payment gateways and prevent cyber fraud.

• The Code for Self-Regulation of Advertising Content in India – claims related to health benefits must be scientifically backed. Misleading or exaggerated statements can lead to regulatory action.

Pet food companies often face conflicts when their trademarks resemble existing brands. Competitors may imitate packaging, colours, or product presentation to mislead consumers. Before launching, businesses should conduct comprehensive clearance searches on the Indian Trade Marks Registry, domain name registries, and e-commerce platforms to avoid infringement lawsuits and rebranding or redesigning costs.

Companies should register trademarks early, ensuring easier enforcement against third-party infringers. While unregistered trademarks hold common law protection, registered trademarks provide a legal presumption of ownership, simplifying enforcement. Additionally, trademark registration aids in preventing counterfeits, as customs authorities can seize infringing goods at import-export.

Patent disputes and trade secret disclosures are rising in the competitive pet food industry, driven by innovations in formulations and processes targeting health issues such as digestion and obesity.

To protect IP, companies can register patents, use non-disclosure agreements with partners, and enforce non-compete clauses to prevent employee knowledge sharing. While regulations may require ingredient transparency, companies can safeguard proprietary formulas by offering broad descriptions and focusing on brand differentiation rather than detailed disclosures.

Fake products can damage brand reputation and pose health risks for pets. Solutions include using serialisation, embedded micro-holes, microtext, UV and infrared inks, synthetic tagging, highly secure QR codes, or blockchain for product authentication. To monitor counterfeit pet foods, regular market surveys help to trace their origin. Once identified, trademark owners can seek an ex parte injunction to seize fake products. If the counterfeiter is hard to identify or operates from temporary locations, John Doe orders can be obtained for further action.

To prevent counterfeit imports in India, IP owners can register their trademarks with the customs authority under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 and the Customs Act, 1962, which enables the inspection and seizure of counterfeit goods at the border.

Counterfeiting on e-marketplaces is common due to the lack of physical inspections. When counterfeit pet food listings are found, brand owners should issue take-down notices. E-marketplaces, as intermediaries under the IT Act, must exercise due diligence by ensuring sellers do not infringe IP rights. Some platforms, such as Amazon, offer anti-counterfeiting measures, including brand registry programs for trademark owners to remove violations.

India’s pet food industry thrives on innovation, but strong IP protection and regulatory compliance are essential. Balancing these elements will drive sustainable growth.

There has been an increase in fraudulent websites having similar domain names, layouts, and look-and-feel to the websites of legitimate pet food brands. A domain name complaint can help to have such fraudulent domains cancelled or transferred to the rightful owner. Complaints can be filed under the Uniform Domain Name Dispute Resolution Policy for global domains or the .IN Domain Name Dispute Resolution Policy for India, offering a non-litigation arbitration process.

Parallel imports, or grey market goods, are genuine products imported without the IP owner’s permission. In India, the courts have allowed parallel imports, and IP rights are exhausted once products are sold. However, brand owners can restrict unauthorised sales if product quality or after-sales service is compromised.

The brand owners can rely upon the provisions of the Pet Food Products of Animal Origin (Import into India) Order, 2008 to stop unauthorised importations. Monitoring discrepancies in refund/return policies, packaging, advertising/promotional methods, quality control, pricing and presentation, removal of codes, and other aspects can help to prevent such sales.

Product disparagement often arises from comparative advertising. While such advertising is allowed, it must not mislead, unfairly disadvantage competitors, or violate honest trade practices under Section 30 (1) of the Trade Marks Act, 1999. Brand owners must ensure advertisements do not disparage competitors, especially when agencies unknowingly use competitor products or fail to follow proper measures, leading to legal issues. Careful advertisement design should emphasise product differences without disparaging competitors.

IP laws vary across countries, making enforcement difficult. Companies should register their IP assets in key markets such as India that hold high growth potential, and work with legal experts to navigate region-specific IP regulations.

The pet food industry has huge growth potential in India, with increased pet ownership, the humanisation of pets, and advancements in veterinary care among the factors driving the industry. With innovation in tech-driven solutions that monitor a pet’s health, and a movement to sustainable pet foods made from alternative proteins, there is no shortage of groundbreaking ideas that could shape the future.