FSSAI directed Dabur to immediately stop selling food products carrying ‘100 per cent’ claims, terming them ambiguous, unverifiable and potentially misleading to consumers.
Dabur India on Thursday moved the Delhi High Court challenging the Food Safety and Standards Authority of India (FSSAI) order barring the sale of several of its food products, including honey, cow ghee and edible oils, over the use of claims such as “100 per cent natural”, “100 per cent pure” and “100 per cent organic”.
The challenge comes days after the food safety regulator issued a prohibition order against the fast-moving consumer goods company over what it described as misleading “100 per cent” claims on a range of products, including honey, apple cider vinegar, virgin coconut oil, sesame oil, cow ghee, coconut water and coconut milk.
Dabur, however, has argued that the FSSAI order was passed in “violation of the principles of natural justice and statutory provisions”, claiming that the regulator did not issue a prior show-cause notice or provide the company an opportunity to be heard before imposing the prohibition.
The company has also questioned the FSSAI’s authority to issue such a prohibitory order, contending that the regulator does not have the power to impose such restrictions in the manner adopted in the present case.
The company has further termed the order “non-speaking, ambiguous and without application of mind”, also objecting to the FSSAI making its enforcement order public, arguing that the move has painted a “negative image” of the company and its brand.
Dabur’s petition in the High Court said expressions such as “100 per cent” are widely used across several categories of food products by other major market players and questioned why it was subjected to the prohibition and public disclosure in these circumstances.
The company has sought judicial intervention against the regulator’s directive and the restrictions imposed on the sale of the products concerned. The petition is scheduled to be heard on Friday by Justice Swarana Kanta Sharma.
WHAT FSSAI DIRECTED
Announcing its action earlier this week, the FSSAI said food products being sold on Dabur’s website were found carrying claims of “100 per cent” purity and such claims violate the Food Safety and Standards (Advertising and Claims) Regulations, because they are ambiguous, unverifiable and potentially misleading to consumers.
The regulator said Dabur Himalayan Organic Apple Cider Vinegar and Dabur Organic Honey were also found displaying the Jaivik Bharat logo without a valid FSSAI organic endorsement.
It additionally flagged Dabur Hommade Coconut Milk, which was marketed with the claim “100 per cent purity”. According to the FSSAI, such a claim is not permissible for compound foods under the regulations.
NOTICE ISSUED EARLIER: FSSAI
The regulator has said it had earlier issued a notice to Dabur directing it to discontinue misleading “100 per cent” claims, but satisfactory corrective action was not taken by the company.
Following this, the FSSAI directed Dabur to immediately stop the sale of the food products identified in its notice, as well as other food products carrying what it considers misleading claims.
The company was also directed to submit an Action Taken Report (ATR) within 15 days detailing the steps taken to comply with the order.