Dabur Gets Relief as Delhi HC Stays FSSAI Order on ‘100 Per Cent’ Claims

The Delhi High Court on Friday stayed a directive issued by the Food Safety and Standards Authority of India (FSSAI) prohibiting Dabur India from selling food products carrying “100 per cent” claims, including honey, cow ghee and edible oils.

Justice Amit Mahajan observed that Dabur had been selling the products for decades and had made out a prima facie case for relief, particularly as the FSSAI order was issued without providing the company an opportunity to be heard.

“The court is prima facie of the opinion that the prohibitory order ought not to have been passed without giving an opportunity of hearing,” the judge said. The court stayed the impugned order until the next date of hearing and listed the matter after two weeks.

During the hearing, Dabur’s senior counsel argued that the FSSAI action violated the principles of natural justice, as the company had neither been served a show-cause notice nor given a hearing before the prohibition was imposed.

The Centre’s standing counsel defended the regulator’s action, submitting that Dabur had previously received improvement notices and advisories regarding its product claims. The government argued that the company’s use of “100 per cent” on food products was misleading and contrary to applicable food safety regulations.

The court, however, declined the request to withhold interim relief. “They have been selling it for decades. Now suddenly you can’t,” the court remarked while considering Dabur’s plea.

The FSSAI had announced the prohibition order earlier, alleging that Dabur’s “100 per cent” claims violated the Food Safety and Standards (Advertising and Claims) Regulations, 2018. According to the regulator, such claims were ambiguous, unverifiable and could mislead consumers.

The products cited by FSSAI included honey, apple cider vinegar, virgin coconut oil, sesame oil, cow ghee, coconut water and coconut milk, among others.

The High Court’s interim order allows Dabur to continue selling the affected products with the disputed claims for now, pending further proceedings in the case.