Delhi high court stays FSSAI ban on Dabur selling food products with ‘100 per cent’ claims
Delhi High Court Stays FSSAI Ban on Dabur’s 100% Claims
Bharatmorningnews.com – The Delhi high court stays FSSAI directive that prohibited Dabur India from using “100 per cent” assertions in its food product marketing. Justice Amit Mahajan granted interim relief to the consumer goods company, finding that the regulatory authority failed to provide adequate procedural safeguards before issuing the ban. This significant legal development has implications for how food manufacturers communicate product quality to consumers across India.
Understanding the Regulatory Dispute
The controversy began when the Food Safety and Standards Authority of India (FSSAI) issued a comprehensive order targeting Dabur India Ltd’s marketing practices. Through a social media announcement, the regulator clarified that multiple products bearing “100 per cent” labels would face sales restrictions until further review. The affected items span several categories including honey, apple cider vinegar, virgin coconut oil, sesame oil, cow ghee, coconut water, and coconut milk.
According to the FSS (Advertising & Claims) Regulations, 2018, the regulator determined that such absolute claims created ambiguity for consumers and proved difficult to substantiate through standard verification methods. The FSSAI maintained that these assertions could mislead purchasers about product composition and quality standards.
Legal Arguments and Court Proceedings
Dabur’s legal representation, led by senior counsel Sandeep Sethi, presented compelling arguments challenging the regulatory order. The defense team emphasized that the FSSAI violated established principles of natural justice by issuing the prohibitory order without first serving a show cause notice. Sethi further contended that the regulatory body exceeded its jurisdictional boundaries and that the circumstances did not warrant emergency intervention.
Central government standing counsel Ashish Dixit defended the FSSAI’s position during proceedings. He highlighted that Dabur had previously received improvement notices and advisories concerning its marketing strategies. Dixit maintained that the absolute claims on food products genuinely misled consumers about product attributes.
Judicial Observations and Future Timeline
Justice Mahajan’s observations during the hearing proved particularly illuminating. When Dabur’s counsel argued against granting immediate interim relief, the judge remarked that the company had utilized these claims extensively over many years without significant issues.
“They have been selling it for decades. Now suddenly you can’t.”
The court emphasized that prohibitory orders require proper opportunity for hearing before implementation. The Delhi high court stays FSSAI’s order until the next scheduled hearing on August 24, during which the regulator must submit comprehensive written responses.
Dabur’s petition also noted that “100 per cent” remains a widely accepted expression among major market participants across diverse food segments. The company argued that the FSSAI’s public announcement damaged its longstanding brand reputation unnecessarily.
Industry Implications and Consumer Impact
This legal development carries substantial implications for India’s food and beverage sector. Manufacturers utilizing absolute quality claims may now seek similar judicial protection if facing comparable regulatory actions. The court’s emphasis on procedural fairness could influence how future regulatory orders are structured and implemented.
For consumers, the stay order means continued access to products with familiar quality assertions while regulatory frameworks undergo review. The FSSAI had previously documented various claim formats on Dabur’s website, including “100 per cent Natural,” “100 per cent Pure,” “100 per cent Purity Guaranteed,” “100 per cent Organic,” and “100 per cent Tender Coconut Water.”
The regulator had requested Dabur to cease sales of identified items and submit an Action Taken Report within fifteen days. Industry stakeholders are now monitoring how this case evolves, as it may establish important precedents for food labeling and marketing regulations in India.
Frequently Asked Questions
What products are affected by the FSSAI order? The FSSAI order impacts honey, apple cider vinegar, virgin coconut oil, sesame oil, cow ghee, coconut water, and coconut milk products sold by Dabur India.
When will the next court hearing take place? The Delhi High Court has scheduled the next hearing for August 24, where the FSSAI must submit its written reply to Dabur’s petition.
Why did the court grant interim relief? Justice Amit Mahajan granted relief because the FSSAI issued its order without providing Dabur an opportunity for hearing, violating principles of natural justice.
What regulations govern these claims? The FSS (Advertising & Claims) Regulations, 2018, provide the framework for evaluating whether food product claims are accurate and non-misleading.