New Delhi, August 7: The Delhi High Court granted interim relief to Dabur India Limited by staying an order from the Food Safety and Standards Authority of India (FSSAI) that directed the company to halt the sale of certain food products with misleading “100 percent” claims.
Justice Amit Mahajan, presiding over a single-judge bench, stated that such a prohibition should not have been issued without giving Dabur an opportunity to be heard. The court remarked, “Considering the arguments presented by the senior advocate for the petitioner, this court is of the prima facie opinion that such a prohibition order should not have been passed without a hearing. The implementation of the disputed order is stayed until the next hearing date.”
The court issued a notice to the central government and FSSAI, seeking their response to Dabur’s petition and passing an interim order. The next hearing is scheduled for August 24.
Dabur had challenged the FSSAI’s restriction order, which instructed the company to immediately stop the sale of certain identified food products that claimed to be “100 percent natural,” “100 percent pure,” “100 percent purity guaranteed,” “100 percent organic,” and “100 percent tender coconut water.”
Initially, the case was presented for urgent hearing before Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia, who permitted immediate consideration.
During Friday’s hearing, Dabur’s senior advocate argued that the company had been selling these products for decades and contended that the official who issued the order did not have the authority to impose such a ban. It was also argued that the order was passed without adhering to the principles of natural justice and without issuing a show-cause notice to the company.
Ashish Dixit, the central government’s standing counsel representing FSSAI, defended the regulatory action, stating that Dabur had been given a notice for corrective measures before the prohibition order was issued.
After considering the arguments, the Delhi High Court opined that the prima facie case appeared to be in favor of Dabur and stayed the implementation of the prohibition order until the next hearing date.
FSSAI had previously stated that the “100 percent” claims used on some of Dabur’s products were vague, unverifiable, and likely to mislead consumers, constituting a violation of the Food Safety and Standards (Advertising and Claims) Regulations, 2018.
The regulator also raised objections regarding the use of the Organic India logo on Dabur’s Himalayan Organic Apple Cider Vinegar and Dabur Organic Honey, alleging that these products lacked valid FSSAI organic approval, violating the Food Safety and Standards (Organic Foods) Regulations, 2017.
Deependra Singh Chundawat is a Senior Sub-Editor at Udaipur Kiran, specializing in a wide range of technology topics including mobile phones, applications, gaming, PCs, and wearables. Along with covering the latest tech news, he also creates engaging web stories. Passionate about emerging technologies, he stays up to date with the newest trends and enjoys reading and writing about the latest mobile launches and digital innovations.