The Delhi High Court has temporarily stayed a Food Safety and Standards Authority of India (FSSAI) order that directed Dabur India to discontinue the sale of several food products carrying claims such as “100% Pure”, “100% Natural” and “100% Organic”.
Justice Amit Mahajan, while hearing Dabur’s plea challenging the regulator’s decision, observed that the company had been selling the products for several years and appeared to have a prima facie case for relief.
The court noted that the prohibitory order was issued without providing Dabur an opportunity to present its side.
“The court is prima facie of the opinion that the prohibitory order ought not to have been passed without giving an opportunity of hearing,” the court said while staying the order until the next hearing.
The matter has been listed for further hearing after two weeks. The court has also issued notices to the Centre, FSSAI and other concerned parties.
Dabur Challenges FSSAI Action Over Lack Of Hearing
Dabur approached the Delhi High Court after FSSAI issued the order on August 3, directing the company to remove several products from sale over the use of specific quality-related claims.
The company’s legal counsel argued that the regulator’s action violated the principles of natural justice as no prior show-cause notice was issued and Dabur was not given a chance to respond before the order was passed.
Dabur contended that the sudden restriction affected products that had been available in the market for decades.
During the hearing, the court questioned the immediate action against a company that had been selling these products for a long period, observing, “They have been selling it for decades. Now suddenly you can't.”
The Centre defended the FSSAI action, stating that the company had earlier received improvement notices and advisories regarding its product claims.
The government argued that claims using terms such as “100 per cent” could potentially mislead consumers and needed regulatory scrutiny.
