The Delhi High Court on Friday stayed a Food Safety and Standards Authority of India (FSSAI) order directing Dabur India to stop selling several food products carrying claims such as “100% Pure”, “100% Natural” and “100% Organic”.
Justice Amit Mahajan observed that Dabur had been selling the products for decades and had made out a prima facie case for relief, as the FSSAI order was passed without giving the company an opportunity to be heard, PTI reported.
“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, listing the matter for hearing after two weeks.
The court also issued notice to the Centre, FSSAI and other respondents.
Dabur's senior counsel argued that the FSSAI order violated principles of natural justice as it was issued without a show-cause notice or hearing.
The Centre's standing counsel defended the order, saying Dabur had previously been issued “improvement notices” and advisories and that its “100 per cent” claims on food products were misleading, PTI reported.
Declining a request to withhold interim relief, the court remarked, “They have been selling it for decades. Now suddenly you can't.”
The FSSAI had issued the prohibitory order on August 3, directing Dabur to discontinue the sale of several products carrying claims such as “100% Pure”, “100% Natural”, “100% Purity Guaranteed” and “100% Organic”.
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The products covered by the order include Dabur Honey, Dabur Honey Squeezy, Dabur Sunderbans Honey, Dabur Himalayan Apple Cider Vinegar, Dabur Virgin Coconut Oil, Dabur Cow Ghee, Real Activ 100% Tender Coconut Water, Dabur Hommade Coconut Milk and Dabur Organic Honey.
Dabur challenged the order on the ground that the regulator acted without issuing a prior show-cause or improvement notice and without giving the company an opportunity to be heard.
The company has argued that the Food Safety and Standards (Advertising and Claims) Regulations, 2018 require the regulator to seek clarification from a food business operator and consider its response before taking such action.
