Old Monk Can't Be Sold As 'Rum', It Is 'Flavoured Rum' With Artificial Ingredients : FSSAI Tells Bombay High Court

The Food Safety & Standards Authority of India (FSSAI) earlier this week, told the Bombay High Court that it cannot permit the manufacturers of the brand Old Monk, to sell its product as "Rum" as it used "additional flavours."

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was informed that the Old Monk brand cannot be sold as a Rum as it does not uses the natural form of a rum.

The makers, however, have agreed to re-label their product with the "Added Flavour" tag.

"The addition of artificial and nature identical rum flavouring substances masks the natural characteristics and alters the true identity of the product, thereby rendering the product substandard under the applicable regulatory standards. Furthermore, calling such products as rum is misleading," Additional Solicitor General Anil Singh submitted, citing the FSSAI affidavit.

The affidavit stated that the ingredients on the label contain the artificial flavor (Rum) and nature identical flavoring substances whereas the flavor of rum should be characteristic based on the natural ingredients, fermentation processes, and maturation techniques.

"In case of flavored Rum, the term Flavoured or Premix Rum needs to be mentioned on the product label to avoid misleading information/deceptive claims," the affidavit reads.

The FSSAI has further taken exception to the alleged misleading claim of '7 years old blended' and/or 'very old vatted' etc on the label of the product. The authority through ASG Singh contended that the claim regarding the age of spirit used in the product must refer to the youngest spirit used in the mix and not the oldest by claiming that the alcoholic beverage was 7 years old blended.

"By doing so, the Petitioner was trying to mislead the consumer and violated Regulation 1.3.7 of the Food Safety and Standards (Alcoholic Beverages) Regulation, 2018," the affidavit states.

During the hearing earlier this week, senior counsel Navroz Seervai for Mohan Rocky Springwater Pvt Ltd, the makers of Old Monk, informed the bench that his clients have agreed to modify its labelling and add some terms like "Added Flavour" or "Flavoured Rum" to its product so that the prohibition on its sale can be revoked.

The company has also agreed to remove the "7 years old blended" tag from its label, the bench was informed.

Having heard the same, the judges sought to know from Additional Government Pleader Priyabhushan Kakade, who is the standing counsel for State Excise, as to how much time would the Excise Department take for approving the modified label.

The counsel informed the judges that normally for approving a new label it takes at least a month's time but for a modified label, the department would take a minimum of 15 days and a maximum of 45 days.

The bench having considered these facts, refused to grant any interim orders for now and has adjourned the matter till September 11.