Delhi HC grants interim relief to Dabur, stays FSSAI order on ‘100%’ product claims

New Delhi [India], August 7 (ANI): The Delhi High Court on Friday stayed the operation of the Food Safety and Standards Authority of India's (FSSAI) August 3 order directing FMCG major Dabur India Ltd to immediately stop the sale of several food products carrying claims such as "100% Pure", "100% Natural", "100% Purity Guaranteed" and "100% Organic", observing prima facie that such an order ought not to have been passed without first hearing the company.
Justice Amit Mahajan, while issuing notice on Dabur's writ petition, stayed the impugned order till the next date of hearing and directed the respondents to file their reply.
The Court noted that the petition challenges the August 3 prohibitory order directing an immediate halt to the sale of the products specified therein. Recording Dabur's submissions, the Court observed that the company has been selling the products under the same labels for several decades and had contended, without prejudice to its rights, that the Designated Officer lacked the authority to issue such a prohibitory order in the manner adopted. The Court further recorded the company's contention that the order had been passed without following the principles of natural justice or issuing any show-cause notice. It also noted Dabur's argument that even an emergency prohibition requires prior notice to the affected party and that the present order was concededly not one issued in an emergency.
"Considering the arguments made, this Court is of the prima facie opinion that an order of such nature ought not to have been passed without hearing them first," the Court observed while staying the operation of the order till the next hearing.
Senior Advocate Sandeep Sethi, appearing for Dabur, argued that the company had been issued "no show cause, no hearing" before the regulator prohibited the sale of its products merely because they carried "100%" claims. He submitted that the impugned action was based solely on the use of the expression "100%".
Appearing for the Centre, Central Government Standing Counsel Ashish Dixit opposed the plea, submitting that an improvement notice had been issued to Dabur earlier. He also pointed out that another writ petition filed by the company concerning the use of "100%" claims in Real fruit juice products is already pending before the High Court and that no interim stay has been granted in that matter.
Dixit further submitted that similar proceedings have been initiated in respect of multiple other products.
In response, Sethi clarified that the earlier improvement notice related only to the fruit juice products and not to the products covered by the present prohibitory order.
During the hearing, the Court enquired about the status of Dabur's earlier challenge concerning "100%" claims on fruit juice. After being informed that the matter remains pending without any interim protection, Sethi maintained that the present case stood on a different footing because the impugned action was a prohibitory order immediately stopping the sale of products, and questioned whether the Designated Officer possessed the statutory power to issue such an order.
The Court also remarked that Dabur had been selling the products under the same labels for decades and observed that the company had made out a prima facie case for interim relief.
The petition challenges the FSSAI's August 3, 2026 prohibitory order directing Dabur to immediately stop the sale of several products, including Dabur Honey, Dabur Honey Squeezy, Dabur Sunderbans Honey, Dabur Himalayan Apple Cider Vinegar, Dabur Himalayan Organic Apple Cider Vinegar, Dabur Virgin Coconut Oil, Dabur Cold Pressed Sesame Oil, Dabur Cow Ghee, Real Activ 100% Tender Coconut Water, Dabur Hommade Coconut Milk and Dabur Organic Honey, on the ground that claims such as "100% Pure" and "100% Natural" are allegedly misleading. The regulator had also required the company to submit an Action Taken Report within 15 days and warned of penal consequences for continued sales.
In its writ petition, Dabur contends that the order was issued without any prior show-cause notice or opportunity of hearing, contrary to the procedure prescribed under the Food Safety and Standards (Advertising and Claims) Regulations, 2018. The company has further argued that the impugned order is without jurisdiction, is a non-speaking order, and effectively compels it to recall or repackage products already available in the market despite there being no allegation that the products are adulterated, unsafe, spurious or sub-standard. (ANI)