Delhi High Court Halts FSSAI Ban on Dabur's '100% Pure' Claims!
Delhi High Court Halts FSSAI Ban on Dabur's '100% Pure' Claims!
Big relief for Dabur! The Delhi High Court has stayed FSSAI's ban on their '100% pure' product claims, citing lack of hearing. What does this mean for consumers?
The Delhi High Court has delivered a significant temporary reprieve to Dabur India, staying an order from the Food Safety and Standards Authority of India (FSSAI) that prohibited the sale of several food products marketed with “100 percent” claims. This includes popular items like Dabur honey, cow ghee, and various edible oils. The court found that the FSSAI's prohibitory order was passed without first giving Dabur an opportunity to present its case, thereby violating fundamental principles of natural justice.
Justice Amit Mahajan, presiding over the case, observed that Dabur has been selling these products for decades, establishing a "prima facie case for relief" at this stage. He remarked that such a prohibitory order "ought not to have been passed without giving an opportunity of hearing." The case is now slated for further hearing on August 24, giving the FSSAI time to file its reply to Dabur's petition.
Dabur's senior counsel argued vehemently that the FSSAI's action contravened due process, emphasizing the absence of any show cause notice or prior hearing. Furthermore, Dabur contended that the FSSAI, as the regulatory body, does not possess the authority to outright prohibit the sale of food products unless there is an emergency, which was not the case here.
In its defense, the central government standing counsel, representing FSSAI, asserted that Dabur had previously received "improvement notices" and advisories regarding its "100 percent" claims, which the regulator deemed misleading. However, the court was unconvinced by the argument to deny interim relief, highlighting the long-standing market presence of Dabur's products.
The FSSAI had initially issued the prohibition order following a social media post earlier this week, targeting Dabur India Ltd for what it described as misleading "100 percent" claims on products including honey, apple cider vinegar, virgin coconut oil, sesame oil, cow ghee, coconut water, and coconut milk. This High Court stay provides a crucial pause in this regulatory dispute, raising questions about procedural fairness in regulatory actions.
