Relief for Dabur as high court stays FSSAI order on ‘100% pure’ claims
In a relief to Dabur India, the Delhi High Court on Friday stayed the Food Safety and Standards Authority of India's (FSSAI) order that prohibited
In a relief to Dabur India, the Delhi High Court on Friday stayed the Food Safety and Standards Authority of India's (FSSAI) order that prohibited the consumer goods company from selling its products carrying claims such as "100% Pure", "100% Natural" and "100% Purity Guaranteed". The bench of Justice Amit Mahajan said, prima facie, the food regulator should not have passed the prohibitory order without first giving Dabur an opportunity to be heard. Justice Mahajan issued notice on Dabur's petition challenging the FSSAI's 3 August order and directed the regulator to file its response within 15 days. The interim stay on the impugned order will continue till the next date of hearing on 24 August. Quick answers to key questions • 5 QUESTIONS 1 What did the Delhi High Court decide regarding Dabur's '100% pure' claims? ⌵ The Delhi High Court stayed the FSSAI's order prohibiting Dabur from selling products labeled with '100% Pure' claims, stating the regulator should have given Dabur an opportunity to be heard before issuing the order. 2 Why did the FSSAI issue a prohibitory order against Dabur? ⌵ The FSSAI issued the order because it found that claims such as '100% Pure' were ambiguous, unverifiable, and likely to mislead consumers, creating a false impression of product superiority.
3 How did Dabur respond to the FSSAI's prohibitory order? ⌵ Dabur challenged the FSSAI's order in court, arguing that it violated principles of natural justice by not granting prior notice or an opportunity for a hearing before the prohibition was imposed. 4 What specific products were affected by the FSSAI order against Dabur? ⌵ The FSSAI order affected several of Dabur's products, including honey, apple cider vinegar, virgin coconut oil, sesame oil, cow ghee, coconut water, and coconut milk, among others. 5 Should companies label their products with '100% claims'? ⌵ Companies should be cautious in using '100% claims' as they can violate food safety regulations, being deemed ambiguous and misleading, which could result in regulatory actions like those faced by Dabur. "This Court is of the opinion that the prohibitory order of such nature ought not to have been passed without affording an opportunity of holding. Till the next stage, the effect of the impugned order is stayed," the court observed. Also Read | FSSAI issues prohibition order against Dabur over ‘100%’ claims The FSSAI had directed Dabur to stop selling products bearing the impugned claims, stating that such statements could not be scientifically verified and were likely to mislead consumers by creating the impression that the products were superior to competing brands.
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