3 weeks ago
Bombay HC seeks Centre's reply on flavoured rum ban
In India, a government agency called FSSAI makes sure food and drinks are safe and honest.
It recently stopped the sale of some kinds of rum and whisky.
The agency said companies were adding extra flavours that hid the drinks' natural taste.
That is against the rules for these drinks.
The drink companies are not happy about this.
They say the drinks have been sold for more than 50 years.
They also say nobody has complained or gotten sick.
One company says it is losing almost one crore rupees every day because of the ban.
The Bombay High Court is helping to decide the argument.
The government must give its answer by 19 August, and the next court meeting will be on 24 August.
The Bombay High Court sought the Centre's response to a plea by beverage makers challenging FSSAI's ban on certain flavoured rum and whisky variants.
FSSAI laboratory tests found artificial or nature-identical flavouring substances in the products that it said masked their natural characteristics.
Old Monk maker Mohan Rocky Springwater Breweries said the prohibition, on a product sold for over 50 years, is costing it nearly ₹1 crore a day.
Banned products include variants of Old Monk Rum, McDowell's No. 1 Rum, Antiquity Blue Whisky, Royal Challenge Whisky, Bagpiper Deluxe Whisky and Old Cask Deluxe XXX Rum.
The court directed the Centre to respond by 19 August, with the next hearing set for 24 August.
- Who
- Alcoholic-beverage makers such as Mohan Rocky Springwater Breweries (Old Monk) and United Spirits are challenging the ban before a Bombay High Court bench led by acting chief justice Ravindra V. Ghuge and justice Gautam A. Ankhad; the court sought the Centre's response.
- What
- A plea challenging FSSAI's prohibition on the sale of certain rum and whisky variants containing added flavourings not permitted for standardized spirits.
- Where
- Bombay High Court; FSSAI also inspected a distillery in Goa and issued notices to six manufacturers in Maharashtra.
- When
- At Monday's hearing, the court directed the Centre to respond by 19 August; the next hearing is on 24 August.
- Why
- FSSAI's laboratory tests found artificial or nature-identical flavouring substances masking the products' natural characteristics, violating the 2018 Alcoholic Beverages Regulations, while manufacturers say the ban has no basis in complaints or health risks.
FSSAI and regulators
Alcoholic beverage manufacturers
Added flavouring in standardized spirits
FSSAI and regulators
External artificial or nature-identical flavouring masks the natural characteristics of rum and whisky and misrepresents standardized products, which the 2018 regulations require to possess their characteristic taste and aroma.
Alcoholic beverage manufacturers
Adding rum flavour to rum has been standard industry practice for decades, and the regulator cannot suddenly stop products sold for years without finding any health risk.
Changing product labels
FSSAI and regulators
FSSAI argued that adding 'rum flavour' to rum or 'whisky flavour' to whisky misrepresents these standardized products, which is why their sale was prohibited.
Alcoholic beverage manufacturers
Changing the label would mean conceding that the product was incorrectly described for more than 50 years, even though nobody has complained and no illnesses have been reported.
Key facts
- Regulator
- Food Safety and Standards Authority of India (FSSAI)
- Disputed regulation
- Food Safety and Standards (Alcoholic Beverages) Regulations, 2018
- Companies affected
- United Spirits, Mohan Rocky Springwater Breweries, Inbrew Beverages
- Banned products
- Variant of McDowell's No. 1 Rum, Antiquity Blue Whisky, Royal Challenge Whisky, select Old Monk variants, Bagpiper Deluxe Whisky, Old Cask Deluxe XXX Rum
- Stated daily loss
- Nearly ₹1 crore a day (Old Monk maker)
- Other regulatory action
- Inspection of Mandexi Distilleries & Breweries in Goa; notices to six manufacturers in Maharashtra
- Centre's response deadline
- 19 August
- Next hearing
- 24 August
Quotes
Senior counsel Navroz H. Seervai
Legal counsel for Mohan Rocky Springwater Breweries, the maker of Old Monk Rum
“"I can't put that label because then it means I'm conceding that what I've done is incorrect…Nobody has complained, nobody has fallen in, nobody has taken action."”
livemint.com
“"I am losing one crore a day… for fifty years it (rum) has been sold under all relevant provisions."”
livemint.com
Sources
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