Delhi high court stays FSSAI ban on Dabur selling food products with '100 per cent' claims
The court issued notice to FSSAI on Dabur's petition challenging the prohibition and asked it to file its reply before the next date of hearing.
The Delhi High Court on Friday halted an FSSAI order that prohibited Dabur India from selling food products with "100 per cent" claims. Justice Amit Mahajan stated the company had been selling these products for years and had a case for relief, as the FSSAI order lacked an opportunity for the company to be heard. The court listed the case for a hearing on August 24.
Dabur's legal team argued that FSSAI's decision violated principles of natural justice and was issued without a show cause notice or hearing. Central government counsel Ashish Dixit countered, claiming Dabur had previously received improvement notices and advisories, and that Dabur's "100 per cent" claims were misleading. The court noted Dabur's long-standing practice of selling these products and denied interim relief.
The court directed FSSAI to file a response before the next hearing date. FSSAI had issued the prohibition order against Dabur India Ltd for using misleading "100 per cent" claims on food products like honey, cow ghee, edible oils, and others. According to the regulator, such claims are ambiguous, unverifiable, and likely to mislead consumers, contravening the FSS (Advertising & Claims) Regulations, 2018.
Dabur India contended that the FSSAI order was unlawful due to the lack of a prior show cause notice and opportunity to be heard, and that the FSSAI had no authority to issue such prohibitory orders. The petition alleged the FSSAI's order was non-speaking, ambiguous, and lacking in thoughtfulness. It also argued that the "100%" expression was widely used by other major players in various food categories, and the FSSAI's order had a negative impact on Dabur's brand image.
FSSAI had previously found Dabur's food products on its website carrying misleading "100 per cent" claims, including "100 per cent Natural", "100 per cent Pure", and "100 per cent Pure". The regulator instructed Dabur to immediately halt the sale of these products and submit an Action Taken Report within 15 days.
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