'Consumers Have Right To Know What They Are Eating': Bombay HC Refuses Interim Relief To Thane Restaurant In Paneer Row

Mumbai's Bombay High Court has denied interim relief to a Thane restaurant that was suspended from operating due to allegations of serving non-dairy paneer analogues as regular paneer. The court emphasized the importance of consumers knowing what they are eating. The restaurant, Udupi Swaad, was directed to first seek statutory remedies under the Food Safety and Standards Act (FSS Act), 2006, before approaching the High Court.

The court refused to convert the suspension into an Improvement Notice or grant immediate relief, stating that the restaurant would have to "suffer" for a period by serving customers a product different from what they believed they were eating. The restaurant had challenged the Food and Drugs Administration (FDA) decision, arguing that its license was suspended without proper notice or a reasoned order.

During the hearing, the restaurant's lawyer claimed that the FDA had not issued an Improvement Notice, making it difficult for the appellate authority to decide whether one should have been issued. The FDA inspected the restaurant in June and found foreign fats in a sample of loose paneer, classifying it as "unsafe" under the FSS Act.

The restaurant had procured non-dairy cheese analogues for making paneer dishes, allegedly without informing customers. The restaurant's lawyer also questioned the FDA's ban on analogue paneer, questioning whether it could be applied retroactively. The restaurant employed 18 people, and the suspension significantly impacted their livelihood.