1 week ago
Delhi High Court Pauses FSSAI Action Against ITC Atta Claims
ITC sells a wheat flour called Aashirvaad MP Chakki Atta.
Its packaging says the product is “100% Atta” and made from “100% Madhya Pradesh Wheat.”
India’s food regulator, FSSAI, says the word “100%” could make shoppers believe the product is purer or better than it really is.
FSSAI told ITC to remove several claims from its packaging, advertisements, and websites.
It warned that the company’s licence could be suspended or cancelled if it did not comply.
ITC disagreed and said the flour contains only whole wheat.
The company also said the regulator’s process was improper and could cause serious business damage.
The Delhi High Court has temporarily stopped FSSAI from taking the licence decision while it considers the case.
The Food Safety and Standards Authority of India called ITC’s “100% Atta” labeling potentially misleading.
The Delhi High Court temporarily restrained FSSAI from deciding whether to cancel ITC’s licence over the claims.
FSSAI directed removal of “100% Atta,” “100% Madhya Pradesh Wheat,” and “0% Maida” claims from labels and promotions.
ITC argued that its single-ingredient whole-wheat product makes the claims truthful and called the regulator’s assumptions unscientific.
The court will next consider the matter on September 9 and examine whether it has jurisdiction over ITC’s petition.
- Who
- ITC, the Food Safety and Standards Authority of India, the Central Licensing Authority, and the Delhi High Court.
- What
- A dispute over ITC’s “100% Atta” and related labeling claims for Aashirvaad MP Chakki Atta.
- Where
- The dispute concerns food labeling in India and is being heard by the Delhi High Court.
- When
- FSSAI issued its advisory on May 28 and notices on August 10 and August 13; the court’s protection continues until the next hearing on September 9.
- Why
- FSSAI said “100%” could mislead consumers, while ITC argued that the claims accurately describe its single-ingredient whole-wheat product and that enforcement could cause serious commercial harm.
ITC’s Position
FSSAI’s Position
Truthfulness of the claims
ITC’s Position
ITC said its product is a single-ingredient wheat flour made from whole wheat and argued that the notices did not establish that “100% Atta” was untrue.
FSSAI’s Position
FSSAI characterized the labeling as misleading and directed removal of the “100% Atta” and related claims.
Meaning of “100%”
ITC’s Position
ITC challenged the validity of FSSAI’s advisory, arguing that it was issued without due procedure and lacked the force of law.
FSSAI’s Position
FSSAI said “100%” is not defined in the relevant law and may give consumers a false impression of purity or superiority.
Impact of enforcement
ITC’s Position
ITC argued that removing the claims could lead to delisting, withdrawal or destruction of packaging and finished stock, causing irreversible commercial and reputational harm.
FSSAI’s Position
FSSAI issued an improvement notice requiring removal of the claims and warned that failure to comply could result in licence suspension.
Key facts
- Product
- Aashirvaad MP Chakki Atta
- Disputed claims
- “100% Atta,” “100% Madhya Pradesh Wheat,” “0% Maida,” and “Made from 100% MP Wheat Only”
- Regulator
- Food Safety and Standards Authority of India
- FSSAI concern
- The term “100%” is not defined under the Food Safety and Standards Act or its rules and may create a misleading impression of purity or superiority.
- Court relief
- The Delhi High Court restrained FSSAI from deciding whether to cancel ITC’s licence over the claims until the next hearing.
- Improvement notice
- The Central Licensing Authority gave directions to remove the claims and warned that noncompliance within 15 days could attract suspension of the FSSAI licence.
- Next issue
- The court will examine whether the Delhi High Court has jurisdiction to hear ITC’s petition.
Sources
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