Dabur India Ltd. has approached the Delhi High Court challenging the Food Safety and Standards Authority of India (FSSAI) order that prohibits the sale of several food products carrying “100%” claims. The company has argued that the regulator issued the order without serving a prior show-cause notice or providing an opportunity to be heard.
The matter was mentioned before a Bench led by the Chief Justice for urgent listing and is scheduled to be heard on August 7.
Why FSSAI Issued the Order
Earlier this week, the FSSAI directed Dabur to stop selling multiple food products carrying claims such as:
- “100% Natural”
- “100% Pure”
- “100% Purity Guaranteed”
- “100% Organic”
- “100% Tender Coconut Water”
The order covers products including:
- Honey
- Apple Cider Vinegar
- Virgin Coconut Oil
- Sesame Oil
- Cow Ghee
- Coconut Water
- Coconut Milk
- Other packaged food products carrying similar claims
According to the regulator, these claims violate the Food Safety and Standards (Advertising and Claims) Regulations, 2018, as they are ambiguous, unverifiable, and capable of misleading consumers.
FSSAI also directed the company to submit an Action Taken Report (ATR) within 15 days.
Dabur’s Arguments Before the High Court
In its petition, Dabur has challenged the regulator’s action on several grounds.
No Opportunity to Be Heard
The company contends that:
- No show-cause notice was issued.
- No opportunity for a personal hearing was granted.
- The order violates the principles of natural justice.
Questions FSSAI’s Powers
Dabur has also argued that:
- FSSAI lacks the statutory authority to issue such a prohibitory order.
- The order is non-speaking, vague, and passed without proper application of mind.
Reputational Damage
The FMCG major further submitted that:
- The phrase “100%” is commonly used across the food industry by several leading brands.
- Public disclosure of the prohibition order has caused reputational harm to the company.
Earlier Regulatory Findings
The dispute follows earlier observations made by FSSAI regarding Dabur’s product labelling.
The regulator had previously stated that:
- Dabur Himalayan Organic Apple Cider Vinegar
- Dabur Organic Honey
displayed the Jaivik Bharat logo without a valid FSSAI organic endorsement.
FSSAI had also objected to Dabur Hommade Coconut Milk carrying the claim “100% Purity”, stating that such claims are not permitted for compound food products under the advertising regulations.
According to the regulator, Dabur had been directed earlier to discontinue such claims, but corrective action was found to be unsatisfactory.
What Happens Next?
The Delhi High Court will hear Dabur’s plea on August 7, where the company is expected to seek relief against the prohibition order. The outcome could have wider implications for the use of “100%” marketing claims by food companies in India.
Key Highlights
- Dabur has challenged FSSAI’s prohibition order in the Delhi High Court.
- FSSAI barred sales of products carrying “100%” claims.
- The regulator says the claims are misleading under the Advertising and Claims Regulations, 2018.
- Dabur argues the order was issued without a show-cause notice or hearing.
- The company also questions FSSAI’s legal authority to issue the prohibition.
- The High Court is scheduled to hear the matter on August 7.
