New Delhi, Aug 8:
The Delhi High Court on Friday stayed a directive issued by the Food Safety and Standards Authority of India (FSSAI) that prohibited Dabur India from selling food products carrying “100 per cent” claims, including honey, cow ghee and edible oils.
Hearing Dabur’s plea, Justice Amit Mahajan observed that the company had been selling these products for decades and had made a prima facie case for interim relief. The court noted that the FSSAI order appeared to have been passed without granting the company an opportunity to be heard, thereby violating principles of natural justice. The matter has been listed for further hearing on August 24.
“The court is prima facie of the opinion that the prohibitory order ought not to have been passed without giving an opportunity of hearing. Till the next date of hearing, the impugned order is stayed,” the judge said.
Dabur’s senior counsel argued that the regulator’s order was issued without a show cause notice or prior hearing, and questioned FSSAI’s authority to impose such a ban. The counsel further submitted that the case did not involve any emergency warranting immediate action.
Opposing the plea, the Centre’s counsel defended the FSSAI’s decision, stating that Dabur had previously been issued advisories and “improvement notices.” The regulator maintained that the company’s “100 per cent” claims on various food products were misleading and in violation of the Food Safety and Standards (Advertising & Claims) Regulations, 2018.
The court, however, declined the request to deny interim relief, remarking that products being sold for decades could not be suddenly restricted without due process.
The FSSAI had earlier directed Dabur to immediately stop the sale of products carrying claims such as “100% Natural,” “100% Pure,” and “100% Organic,” among others, and to submit an action taken report within 15 days. According to the regulator, such claims are ambiguous, unverifiable, and likely to mislead consumers.
In its petition, Dabur also argued that similar claims are widely used across the industry by other companies, and that the public disclosure of the order had adversely impacted its brand image.
The High Court has issued notice to the FSSAI, seeking its response before the next hearing, as the legal battle over advertising claims and regulatory powers continues.