New Delhi, Aug 7: The Delhi High Court today stayed the Food Safety and Standards Authority of India’s (FSSAI) prohibition order directing Dabur India Limited to stop selling certain food products carrying “100 per cent” claims, holding that such an order should not have been issued without first giving the company an opportunity to be heard.
Justice Amit Mahajan passed the interim order while hearing Dabur’s petition challenging the regulator’s action. The court observed that, at first glance, the prohibition order appeared to have been issued without following the principles of natural justice. It stayed the operation of the order until the next hearing, issued notices to the Central government and the FSSAI, and sought their responses. The matter has been listed for hearing on August 24.
Dabur moved the High Court after the FSSAI directed the company to immediately stop selling identified products carrying claims such as “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 case was earlier mentioned before a Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, which allowed it to be taken up urgently.
During the hearing, Dabur’s senior counsel argued that the products had been sold for decades and contended that the officer issuing the prohibition order lacked the authority to impose such a restriction in the manner adopted. The company also argued that no show-cause notice had been issued before the order, violating the principles of natural justice.
Appearing for the FSSAI, Central Government Standing Counsel Ashish Dixit submitted that the regulator had issued an improvement notice before passing the prohibition order.
The FSSAI had earlier stated that the “100 per cent” claims were ambiguous, unverifiable and likely to mislead consumers, allegedly violating the Food Safety and Standards (Advertising and Claims) Regulations, 2018. It also objected to the Jaivik Bharat logo displayed on Dabur Himalayan Organic Apple Cider Vinegar and Dabur Organic Honey, alleging the products lacked valid FSSAI organic endorsement under the Food Safety and Standards (Organic Foods) Regulations, 2017. The regulator further said Dabur Hommade Coconut Milk carried an impermissible “100 per cent Purity” claim for a compound food product.
According to the FSSAI, Dabur did not take satisfactory corrective action after an earlier notice, prompting the regulator to direct the company to stop selling the identified products and submit an Action Taken Report within 15 days.
Dabur has maintained that its product labels comply with the prevailing legal and regulatory framework and reflect long-standing industry practices. In regulatory filings before the BSE and NSE, the company said it stood by the purity and quality of its products, denied making misleading claims, and stated that the impact of the prohibition order was confined to the products identified by the regulator.
