Delhi High Court Seeks Centre, FSSAI's Response On PIL Against 'Analogue Paneer'

The Delhi High Court on Wednesday issued notice on a public interest litigation seeking effective enforcement of food safety standards against dairy analogues and non-dairy products allegedly being represented or passed off as “paneer” in the national capital.

A division bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma sought response of the Union Government, Food Safety and Standards Authority of India (FSSAI), Delhi Government and its Department of Food Safety.

The counsel appearing for the petitioners argued that when a customer orders paneer in a hotel or restaurant, there is an assumption that the dish will be a dairy derivative and not an analogue.

She said that unfortunately, today there is no mechanism to know as a consumer if the dish will be a milk product or a different composition or analogue.

“It can be a replicate. It looks and tastes like paneer. There is no disclosure or way of knowing or discovering,” she said.

On Court's query as to which statutory rights were violated, the counsel referred to the FSSAI Regulations of 2011 pertaining to food production standards and food additives.

She said that while paneer is a product which is high in protein, analogues only contain carbohydrates and have no nutritional value.

Even though the counsel prayed for interim relief citing festive season of Navratri and Dusshera saying that some sampling be directed, the Court did not pass any order as of today.

The petition seeks directions to the competent authorities to ensure compliance with the Food Safety and Standards Act, 2006, and the Rules and Regulations framed thereunder.

The plea contends that paneer is a standardised dairy product under the existing food safety framework, whereas dairy analogues may contain ingredients that are wholly or partly derived from non-milk sources.

It adds that the challenge is not against every lawfully manufactured dairy analogue, but against products being sold, supplied or served as paneer without adequately disclosing their true nature.

The plea highlights concerns regarding hotels, restaurants, caterers, eateries and cloud kitchens, where consumers ordering paneer-based dishes may have no practical way of knowing whether genuine paneer or a non-dairy substitute has been used.

It argues that such undisclosed substitution raises concerns relating to consumer awareness, misleading food representations and enforcement of statutory food safety requirements.

Further, the PIL cites measures concerning analogue or non-dairy paneer in Maharashtra, Gujarat, Punjab and Chhattisgarh, contending that the existing statutory framework provides authorities with powers to address non-compliant products.

It specifically refers to an order issued by Punjab's food safety authorities prohibiting analogue or non-dairy paneer for a specified period, as well as regulatory orders issued by authorities in other States.

It also refers to enforcement action reportedly undertaken by the Delhi Food Safety Department at Okhla Sabzi Mandi in August 2026 concerning suspected or spurious paneer, which allegedly resulted in the destruction of approximately 508 kg of the product.

The plea seeks to prevent dairy analogues or non-dairy products from being manufactured, supplied, sold or served in Delhi by representing or passing them off as paneer.

It seeks a coordinated surveillance, inspections, sampling and testing of paneer and related products, followed by appropriate action against violations.

The plea also seeks to ensure that consumers are not misled about the nature and composition of products sold or served as paneer, including in restaurants and other food-service establishments.