Delhi High Court Stays FSSAI Order Prohibiting Dabur From Selling Honey & Other Products With '100 Per Cent' Claims

The Delhi High Court on Friday stayed an order passed by the Food Safety and Standards Authority of India (FSSAI) prohibiting Dabur India from selling food products like honey, cow ghee and edible oils with "100 per cent" claims.

Justice Amit Mahajan observed that prima facie, the impugned prohibitory notice of FSSAI ought not to have been passed without granting an opportunity of being heard to Dabur.

The Court issued notice on Dabur India's plea and sought response of the Central Government as well as FSSAI.

“Considering the arguments made by the senior counsel appearing for the petitioner, this Court is of the prima facie view that the impugned prohibitory order of such nature ought not to have been passed without opportunity of hearing. Till the next date of hearing, the impugned order is stayed,” the Court said.

Senior Advocate Sandeep Sethi appearing for Dabur India submitted that the products have been sold since last many decades. He said that the designated officer does not have the power to pass prohibition directives as was done in the case.

He further argued that the order was passed without following principles of natural justice, without giving any show cause notice to Dabur or an opportunity of being heard.

Central Government Standing Counsel Ashish Dixit said that Dabur was issued an improvement notice but no changes to the products were made.

The Court however noted that Dabur's products have been sold since last many decades and that it had made a prima facie case in its favour.

The Court thereafter stayed the impugned order till August 24, the next date of hearing.

FSSAI issued the prohibition order to Dabur India Limited over sales of food products carrying misleading "100 per cent" claims. The products include honey, apple cider vinegar, virgin coconut oil, sesame oil, cow ghee, coconut water, coconut milk and other such items.

As per FSSAI, the use of 100 per cent claims is in contravention of the FSS (Advertising & Claims) Regulations, 2018, as such claims are ambiguous, unverifiable and likely to mislead consumers.

It is Dabur India's case that the impugned order was passed in violation of principles of natural justice as well as the statutory provisions. The plea states that Dabur was never issued show cause notice before passing the impugned order or an opportunity of hearing.

Dabur has contended that the FASSI has no power to pass such prohibitory orders and that the impugned order was non-speaking, ambiguous and passed without application of mind.

In a social media post, FSSAI said that it has directed Dabur India Limited to immediately prohibit the sale of the food products identified in the notice and all other food products carrying misleading '100 per cent' claims, and to submit an Action Taken Report (ATR) within 15 days.