3 weeks ago
Delhi High Court stays FSSAI ban on Dabur's '100%' claims
Dabur is a big Indian company that makes food like honey, ghee, coconut oil and apple cider vinegar.
Some of its products had labels saying things like '100% Pure' and '100% Natural'.
A government group called FSSAI watches over food safety in India.
FSSAI said those labels were confusing and could trick people into thinking the food is better than it really is.
So FSSAI told Dabur to stop selling those products.
Dabur said the government did not give it a chance to explain before stopping the sales.
Dabur asked a court in Delhi to help.
The judge agreed with Dabur for now and paused the ban.
This means Dabur can keep selling the products until the next court meeting on 24 August.
The judge also asked FSSAI to explain its decision in court.
The Delhi High Court stayed the FSSAI's prohibition order directing Dabur India to stop selling products carrying '100%' claims.
Justice Amit Mahajan ruled prima facie that the regulator should not have passed the order without first giving Dabur an opportunity to be heard.
The FSSAI order, issued on 3 August, covered honey, apple cider vinegar, virgin coconut oil, sesame oil, cow ghee, coconut water and coconut milk.
Dabur argued it received no show-cause notice and said terms like '100% Pure' and '100% Natural' are widely used across the food industry.
The court issued notice to the FSSAI, which must respond within 15 days; the next hearing is scheduled for 24 August.
- Who
- FMCG major Dabur India, represented by Senior Advocate Sandeep Sethi, and the Food Safety and Standards Authority of India (FSSAI), before the Delhi High Court.
- What
- The Delhi High Court stayed FSSAI's prohibition order barring the sale of Dabur products carrying '100% Pure', '100% Natural', '100% Organic' and similar claims, finding prima facie that the regulator should have held a hearing first.
- Where
- Delhi High Court, New Delhi, India.
- When
- FSSAI's prohibition order was issued on 3 August; the interim stay was granted on Friday, with the next hearing on 24 August.
- Why
- The court held that such a prohibitory order should not have been passed without giving Dabur an opportunity to be heard, while FSSAI says the claims are ambiguous, unverifiable and likely to mislead consumers.
FSSAI (Regulator)
Dabur India (Company)
Use of '100%' claims
FSSAI (Regulator)
Claims such as '100% Pure' and '100% Natural' are ambiguous, cannot be scientifically verified and are likely to mislead consumers into believing the products are superior, violating the Advertising and Claims Regulations, 2018.
Dabur India (Company)
Such terms are widely used across the food industry by several major brands, and Dabur maintains its labels comply with existing legal and regulatory frameworks and long-standing industry practice.
Due process before the ban
FSSAI (Regulator)
An improvement notice had earlier been issued to Dabur, and the designated officer was empowered to prohibit the sale of products found in contravention of the Food Safety and Standards Act.
Dabur India (Company)
The prohibition order was passed without a show-cause notice or an opportunity to be heard, violating principles of natural justice; Dabur also questioned the officer's power to issue such an order.
Organic labelling compliance
FSSAI (Regulator)
Dabur Himalayan Organic Apple Cider Vinegar and Dabur Organic Honey displayed the Jaivik Bharat logo without a valid FSSAI organic endorsement, and Dabur Hommade Coconut Milk carried a '100% Purity' claim not permitted for compound foods.
Dabur India (Company)
Dabur says it stands by the purity and quality of its products, has never made misleading claims, and continues to maintain the highest standards of quality, food safety and regulatory compliance.
Key facts
- Company
- Dabur India
- Regulator
- Food Safety and Standards Authority of India (FSSAI)
- Court
- Delhi High Court
- FSSAI order date
- 3 August
- Disputed claims
- '100% Pure', '100% Natural', '100% Organic', '100% Purity Guaranteed', '100% Tender Coconut Water'
- Affected products
- Honey, apple cider vinegar, virgin coconut oil, sesame oil, cow ghee, coconut water, coconut milk
- Regulations cited
- FSS (Advertising and Claims) Regulations, 2018; FSS (Organic Foods) Regulations, 2017
- Next hearing
- 24 August
Quotes
Dabur representative
Representative of Dabur India, FMCG major
“FSSAI said the claims violated provisions under the Food Safety and Standards (Advertising and Claims) Regulations.”
freepressjournal.in
“The company described the directive as “non‑speaking, ambiguous and without application of mind.””
freepressjournal.in
Justice Amit Mahajan
Judge of the Delhi High Court presiding over the case
“"This Court is of the opinion that the prohibitory order of such nature ought not to have been passed without affording an opportunity of holding. Till the next stage, the effect of the impugned order is stayed."”
livemint.com
“"no show cause, no hearing"”
republicworld.com
Sources
'100% Pure' Claim: Dabur Challenges FSSAI Order In Delhi High Court
Dabur gets interim relief as Delhi HC stays FSSAI prohibition order over '100 per cent' claims
Dabur moves Delhi HC against FSSAI order banning sale of products with ‘100%’ claims
Can FSSAI ban '100% pure' claims? Delhi HC hearing in Dabur case could reshape food labels
Delhi HC Stays FSSAI Ban on Dabur's '100% Pure' Products, Says Company Should Have Been Heard First
Relief for Dabur as high court stays FSSAI order on ‘100% pure’ claims
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