The Delhi High Court on Friday stayed the Food Safety and Standards Authority of India’s (FSSAI) order directing Dabur India to halt the sale of several food products carrying “100%” claims, in an interim relief to the FMCG major.
Justice Amit Mahajan held that Dabur had established a prima facie case and observed that the prohibitory order should not have been passed without giving the company an opportunity to be heard. The court stayed the operation of the regulator’s order and posted the matter for further hearing after two weeks.
FSSAI flags ‘100%’ claims
Earlier this week, FSSAI had directed Dabur to immediately stop the sale of food products carrying claims such as “100% Natural”, “100% Pure”, “100% Purity Guaranteed”, “100% Organic” and “100% Tender Coconut Water”. The order covered products including honey, apple cider vinegar, virgin coconut oil, sesame oil, cow ghee, coconut water and coconut milk, among others.
Product claims face regulatory scrutiny
The regulator alleged that such claims were ambiguous, unverifiable and likely to mislead consumers, in violation of the Food Safety and Standards (Advertising and Claims) Regulations, 2018. It had also raised objections over the use of the Jaivik Bharat logo on certain organic products without valid FSSAI organic endorsement and the “100% Purity” claim on Dabur Hommade Coconut Milk.
In its petition, Dabur argued that the FSSAI had issued the prohibition order without serving a show-cause notice or providing the company an opportunity to present its case, making the action contrary to the principles of natural justice.