2 weeks ago
High Court Stays FSSAI Whisky, Rum Ban; TASMAC Brands Cleared
A company in Madhya Pradesh makes whisky and rum.
A government food safety group called FSSAI said those drinks could not be sold because their labels mentioned a kind of flavouring that did not follow its rules.
The company said it was following the state's own rules for making alcohol, and that FSSAI had no power over liquor.
The company asked a court for help.
The court said FSSAI should have listened to the company's answer first.
So the court stopped the ban for now, and the company can keep selling its drinks until the next hearing in September.
In another state, Tamil Nadu, drinks sold at TASMAC stores were briefly stopped because of label problems found at a factory in Poonamallee.
The factory owner promised to fix the problems.
After three days, the stores were allowed to sell the drinks again.
The Madhya Pradesh High Court on August 6 stayed an FSSAI prohibition order dated July 29, 2026 banning the sale of pre-packed whisky and rum made by Associated Alcohols and Breweries Limited in Khargone district.
A division bench of Justices Subodh Abhyankar and Alok Awasthi held that FSSAI issued the ban without considering the company's response to its show-cause notice.
The company argued that its use of extra neutral alcohol, permitted flavours and colours is legal under Madhya Pradesh excise laws and challenged FSSAI's jurisdiction, saying the state has sole authority over liquor.
The Centre was directed to file its response within four weeks, and the bench rejected as unsatisfactory the contention that FSSAI had not decided on the company's jurisdictional objections.
In Tamil Nadu, a suspension covering 10 brandy varieties and one rum brand sold at TASMAC outlets was imposed on August 11 and lifted on August 14 after the manufacturer appealed and assured full compliance.
- Who
- The Madhya Pradesh High Court (Justices Subodh Abhyankar and Alok Awasthi), the Food Safety and Standards Authority of India (FSSAI), Associated Alcohols and Breweries Limited, and in Tamil Nadu the Tamil Nadu Prohibition and Excise Department, TASMAC and Enrica Enterprises Private Limited.
- What
- The High Court stayed FSSAI's ban on the company's pre-packed whisky and rum until the next hearing, while Tamil Nadu lifted a three-day-old restriction on 11 liquor brands sold at TASMAC outlets.
- Where
- Madhya Pradesh High Court; the products are manufactured in Khargone district, Madhya Pradesh; the affected products were sold at TASMAC outlets, and the inspected factory is in Poonamallee, Tiruvallur district, Tamil Nadu.
- When
- The interim stay was granted on August 6; the FSSAI prohibition order was dated July 29, 2026 and the next hearing is September 7; the Tamil Nadu restriction ran from August 11 to August 14.
- Why
- The court held that FSSAI issued the ban without considering the company's reply to its show-cause notice, and the company argued that FSSAI lacks jurisdiction over liquor; in Tamil Nadu, the suspension was lifted after the manufacturer appealed and assured complete compliance.
Associated Alcohols and Breweries Limited
Food Safety and Standards Authority of India (FSSAI)
Regulatory jurisdiction
Associated Alcohols and Breweries Limited
The state government has exclusive authority over the production and regulation of liquor, so FSSAI lacks jurisdiction over the company's products.
Food Safety and Standards Authority of India (FSSAI)
FSSAI issued the prohibition citing a preliminary laboratory report showing that the labels violated prescribed standards.
Product compliance
Associated Alcohols and Breweries Limited
The use of extra neutral alcohol, permitted flavours and colours is fully legal under Madhya Pradesh excise laws.
Food Safety and Standards Authority of India (FSSAI)
The product labels disclosed the use of 'added nature identical and artificial (rum) flavouring substances,' which did not meet prescribed standards.
Procedural fairness
Associated Alcohols and Breweries Limited
The company replied to the show-cause notice on July 27, but the July 29 prohibition order did not even refer to its reply.
Food Safety and Standards Authority of India (FSSAI)
The Centre argued that the authority did not decide on the company's preliminary jurisdictional objections; the court rejected this as unsatisfactory.
Key facts
- Court
- Madhya Pradesh High Court
- Bench
- Justices Subodh Abhyankar and Alok Awasthi
- Company
- Associated Alcohols and Breweries Limited
- Regulator
- Food Safety and Standards Authority of India (FSSAI)
- FSSAI prohibition order
- July 29, 2026
- Interim stay / next hearing
- Stayed on August 6; next hearing September 7
- Tamil Nadu suspension
- 11 brands (10 brandy, 1 rum); imposed August 11, lifted August 14
- Tamil Nadu facility
- Enrica Enterprises Private Limited, Poonamallee, Tiruvallur district
Quotes
Madhya Pradesh High Court Bench of Justices Subodh Abhyankar and Alok Awasthi
Justices of the Madhya Pradesh High Court
“Thus, considering the fact that otherwise the petitioner's products, namely, Pre-packed whisky and Rum as mentioned in the impugned order of prohibition comply with the parameters as provided under the Excise Act and the Rules made thereunder, it is directed that till the next date of hearing operation and effect of the impugned order of prohibition dated 29.07.2026 shall remain stayed, ”
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