New Delhi, August 7: The Delhi High Court granted interim relief on Friday by staying an order from the Food Safety and Standards Authority of India (FSSAI) that directed Dabur India Limited to halt the sale of certain food products allegedly making misleading “100 percent” claims.
Justice Amit Mahajan, presiding over a single-judge bench, stated that such a ban should not have been imposed without giving Dabur an opportunity to be heard.
The court noted, “Considering the arguments presented by the senior advocate for the petitioner, this court’s prima facie opinion is that such a ban order should not have been issued without a hearing. The implementation of the disputed order is stayed until the next hearing date.”
Justice Mahajan issued a notice on Dabur India’s petition, seeking responses from the central government and FSSAI, and passed an interim order. The next hearing is scheduled for August 24.
Dabur challenged the FSSAI’s ban order in the Delhi High Court. The regulator had instructed the company to immediately cease 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. He contended that the official who issued the order did not have the authority to impose such a sales ban.
It was also argued that the order was issued 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 regulator’s actions, stating that a corrective notice had been issued to Dabur prior to the ban order.
After considering the arguments, the Delhi High Court found that the prima facie case favored Dabur and stayed the implementation of the ban order until the next hearing.
Previously, FSSAI had stated that the “100 percent” claims used on some of Dabur’s products were vague, unverifiable, and likely to mislead consumers. According to the regulator, this constituted a violation of the Food Safety and Standards (Advertising and Claims) Regulations, 2018.
FSSAI had also raised objections regarding the use of the Organic India logo on Dabur Himalayan Organic Apple Cider Vinegar and Dabur Organic Honey, alleging that these products lacked valid FSSAI organic certification, violating the Food Safety and Standards (Organic Foods) Regulations, 2017.
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