The Delhi High Court has stayed an order issued by the Food Safety and Standards Authority of India (FSSAI) directing Britannia Industries Limited to remove the claims “No Added Sugar”, “No Maida” and “No Palm Oil” from the packaging of its biscuits and cookies.

Justice Amit Mahajan, in an order passed on October 16, observed prima facie that stating these facts about a product cannot be alleged to undermine the products of other manufacturers or influence consumer behaviour in violation of food safety regulations.

“Prima facie, this Court is in agreement with the arguments raised by the petitioner that stating the fact that the product contains 'No Added Sugar', No Maida' and 'No Palm Oil' cannot be alleged to be an advertisement undermining the product of other manufacturers or can influence the consumers behaviour in violation of the regulations,” the Court observed.

The Court was hearing a plea filed by Britannia Industries challenging FSSAI's October 09 communication directing it to discontinue the three claims from its biscuit or cookie packaging.

FSSAI had issued a show-cause notice to the company on September 02, asking why its claims, including “100% Millets”, should not be declared misleading and impermissible under Regulation 6(1) of the Food Safety and Standards (Advertising and Claims) Regulations, 2018.

The regulator alleged that claims about the non-addition of specific ingredients could create an impression that such ingredients were unsafe, undesirable or inferior, thereby raising unwarranted doubts about their safety and suitability for consumption.

It also alleged that the claims undermined other manufacturers' products and influenced consumer behaviour, in violation of Regulations 4(1) and 10(5).

Appearing for Britannia, Senior Advocate Sandeep Sethi submitted that the claims “No Added Sugar”, “No Maida” and “No Palm Oil” were statements of fact and could not be construed as undermining other manufacturers' products or influencing consumer behaviour in violation of the regulations.

The company's counsel also submitted that, without prejudice to its stand that the biscuits contained 100% millets, Britannia had agreed to remove the “100% Millets” claim.

The Court issued notice to FSSAI and the other respondents and stayed the impugned communication dated October 09.

It clarified that Britannia could manufacture and market its product without the claim “100% Millets”.

The matter will next be heard on January 15, 2027.