‘They have been selling it for decades’: Delhi HC stays FSSAI ban on Dabur products

New Delhi: The Delhi High Court on Friday stayed a Food Safety and Standards Authority of India (FSSAI) order that prohibited Dabur India Ltd from selling several food products carrying "100 per cent" claims, including honey, cow ghee and edible oils.

Granting interim relief to the company, Justice Amit Mahajan observed that Dabur had established a prima facie case, noting that the regulator had issued the prohibitory order without first giving the company an opportunity to present its case.

"The court is prima facie of the opinion that the prohibitory order ought not to have been passed without giving an opportunity of hearing. Till the next date of hearing, the impugned order is stayed," the judge said while listing the matter for further hearing after two weeks.

Appearing for Dabur, senior counsel argued that the FSSAI's action violated the principles of natural justice as no show-cause notice was issued and no hearing was granted before the order was passed.

Representing the Centre, the standing counsel defended the regulator's decision, arguing that Dabur had previously received "improvement notices" and advisories and that its use of "100 per cent" claims on food products was misleading to consumers.

The court, however, declined the government's request to withhold interim relief.

"They have been selling it for decades. Now suddenly you can't," the court remarked.

The dispute stems from an FSSAI prohibition order issued earlier this week against Dabur India over the sale of food products carrying "100 per cent" claims.

In a post on social media on Monday, the food regulator said it had barred the company from selling products marketed with such claims, including honey, apple cider vinegar, virgin coconut oil, sesame oil, cow ghee, coconut water, coconut milk and other food items.

According to the regulator, the use of "100 per cent" claims violates the Food Safety and Standards (Advertising & Claims) Regulations, 2018.

FSSAI said the claims are "ambiguous, unverifiable and likely to mislead consumers," making them non-compliant with the advertising and claims regulations.

The High Court's interim order means Dabur can continue selling the affected products with the existing labels until the matter is heard again in two weeks.