Bombay HC To Hear Liquor Makers’ Challenge To FSSAI Orders Halting Fresh Stocks Of McDowell’s And Old Monk

Mumbai, August 8, 2026: Liquor manufacturers United Spirits Ltd and Mohan Meakin Ltd have approached the Bombay High Court challenging Food Safety and Standards Authority of India (FSSAI) orders prohibiting the manufacture and sale of fresh stocks of their popular Indian-Made Foreign Liquor (IMFL) brands, McDowell’s No. 1 Celebration Matured Rum and Old Monk.

The manufacturers have challenged prohibition orders issued after inspections of their manufacturing units, where FSSAI raised objections over labelling, product composition, and the use of flavouring agents.

Manufacturers Challenge Prohibition Orders

Counsel for United Spirits, senior advocate Birendra Saraf, submitted before a bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad that the regulator’s action had affected a significant part of the IMFL industry and that the products had been manufactured using the same process for decades.

“The action taken by FSSAI has effectively shut down 30 per cent of the Indian-Made Foreign Liquor (IMFL) industry. These products have been manufactured for over five decades,” Saraf submitted.

The company has challenged a June 29 prohibition order and a July 27 conditional prohibition order issued by FSSAI’s Western Regional Office. While the regulator allowed existing stocks to be cleared after relabelling them as “Rum Flavoured Spirit”, the prohibition on manufacturing and selling fresh stocks continues.

Saraf argued that such relabelling could not be done immediately as liquor labels require approval from the State Excise Department.

“Changing of a label is also not that tomorrow morning I can change my label by adding a sticker. Every label that I put has to be approved by the state excise department,” he said.

FSSAI Says Concern Is Correct Labelling

FSSAI has alleged that the products contain unauthorised artificial or nature-identical flavouring and carry descriptions that could mislead consumers. The regulator has maintained that products containing external rum flavour should be marketed as flavoured spirits rather than standard rum.

FSSAI counsel Sangeeta Yadav told the court that the regulator’s concern was only to ensure correct labelling.

The bench observed that “everything can’t be shut down overnight”, but said it was not an expert body to determine questions relating to the products’ composition and labelling without hearing FSSAI.

“We agree that everything can’t be shut down overnight. However, we are not the experts or in the position to tell as to how we should analyse this product or its composition, and what we should call it if it is to be marketed… But since it is an industry-wide issue, it is important that the ASG remain present,” the bench said, while asking Additional Solicitor General Anil Singh to appear with instructions from FSSAI.

Petitioners Cite Lack Of Safety Concerns

The petitioners argued that while FSSAI raised concerns over labelling and flavouring, its Food Analyst did not find the product unsafe, non-compliant with prescribed rum standards, or posing any public health risk. They contended that the product meets the requirements under the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018, and therefore did not warrant prohibition.

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The manufacturers have also questioned the legal authority of the FSSAI officer to issue the prohibition orders, arguing that Section 36(3)(b) of the Food Safety and Standards Act does not independently empower the officer to prohibit manufacture and sale.

The petitions are scheduled to be heard on August 10.

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