Legal Dispute – Delhi High Court Halts FSSAI Ban on Dabur’s ‘100 Per Cent’ Product Claims
Legal Dispute -The Delhi High Court has temporarily stayed a Food Safety and Standards Authority of India (FSSAI) directive that barred Dabur India from using “100 per cent” claims on several of its food products, observing that the company was not given an opportunity to present its case before the order was issued.
The Delhi High Court granted interim relief to Dabur India after hearing the company’s challenge against an FSSAI prohibition order related to product labeling. Justice Amit Mahajan observed that the company had established a prima facie case at this stage because the regulator issued the directive without first providing a hearing. The court also took note of the fact that the products in question have been sold in the market for several decades under similar branding.
Court Grants Interim Protection
While passing the interim order, the court said that the prohibition should not have been imposed without following the principles of natural justice. It stayed the operation of the FSSAI order until the next hearing and scheduled the matter to be heard again after two weeks. During the proceedings, the judge remarked that products which had been available for years could not suddenly be barred without following due process.
Dabur Challenges Regulatory Action
Appearing for Dabur India, senior counsel argued that the food safety regulator acted without issuing a show-cause notice or granting the company an opportunity to explain its position. According to the company’s submissions, such action violated the established legal principles requiring a fair hearing before imposing restrictions that could affect business operations and product sales.
The company maintained that the prohibition order was passed without complying with procedural safeguards and therefore deserved judicial intervention until the dispute is examined in detail.
FSSAI Defends Its Decision
Representing the Central government, counsel defended the regulator’s action and informed the court that Dabur had previously received improvement notices and advisories regarding the use of “100 per cent” claims on its food products. The government argued that these claims had the potential to mislead consumers because they could not be independently verified in the manner presented on product labels.
Despite these submissions, the High Court declined the request to withhold interim relief and allowed the stay on the prohibition order to continue until the next date of hearing.
Regulator Cites Advertising Rules
Earlier this week, FSSAI announced through a social media post that it had prohibited Dabur India from selling food products carrying what it described as misleading “100 per cent” claims. The order covered multiple products, including honey, cow ghee, edible oils, virgin coconut oil, sesame oil, apple cider vinegar, coconut water and coconut milk, among others.
According to the regulator, such claims violate the Food Safety and Standards (Advertising & Claims) Regulations, 2018. FSSAI stated that expressions such as “100 per cent” are considered ambiguous, difficult to verify and capable of creating a misleading impression among consumers regarding the nature or quality of food products.
Matter to Return Before the Court
The legal dispute will now proceed before the Delhi High Court, where both Dabur India and FSSAI are expected to present detailed arguments on the validity of the prohibition order. Until the next hearing, the court’s interim stay provides temporary relief to the company, while the broader issue of how “100 per cent” claims should be interpreted under India’s food labeling and advertising regulations remains subject to judicial examination.