- The Delhi High Court on Friday stayed an FSSAI directive prohibiting Dabur India from selling food products such as honey, cow ghee, and edible oils with "100 per cent" claims.
- Justice Amit Mahajan observed that Dabur was selling the products for decades and has made out a prima facie case for relief as the FSSAI order was passed without giving it any hearing.
- The court stayed the order, stating: "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," and listed the case for hearing after two weeks.
- Dabur's senior counsel argued that the FSSAI order was passed in violation of principles of natural justice, in absence of any show cause notice or hearing.
- The Central government standing counsel defended the order, stating that Dabur was earlier given "improvement notices" and advisories, and that its "100 per cent" claim on food products was misleading.
- Declining a request to not grant interim relief, the court remarked, "They have been selling it for decades. Now suddenly you can't."
The Delhi High Court has granted interim relief to Dabur India by staying an FSSAI directive that banned the sale of its food products labeled as '100%'.1
Justice Amit Mahajan noted that the FSSAI order was issued without a hearing, stating, "The court is prima facie of the opinion that the prohibitory order ought not to have been passed without giving an opportunity of hearing."2
Dabur's legal team argued that the FSSAI's actions violated principles of natural justice, as there was no prior notice or hearing.4
The FSSAI had claimed that Dabur's '100%' labels were misleading, with a spokesperson stating that the company had previously received "improvement notices" regarding its claims.
However, the court highlighted that Dabur has been selling these products, including honey and cow ghee, for decades, and remarked, "Now suddenly you can't." The case is set for a follow-up hearing in two weeks, allowing Dabur to continue its sales in the meantime.
“Justice Amit Mahajan noted Dabur has sold these products for decades and made out a prima facie case, as the FSSAI order was passed without a hearing. The central government defended the ban, citing prior improvement notices and calling the '100 per cent' claim misleading.”
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