New Delhi: The Delhi High Court on Friday stayed the operation of a Food Safety and Standards Authority of India (FSSAI) order directing Dabur India Ltd to immediately stop the sale of several food products carrying claims such as “100% Pure”, “100% Natural” and “100% Organic”.
Justice Amit Mahajan, while issuing notice on Dabur’s petition, observed prima facie that an order of such nature should not have been passed without giving the company an opportunity to be heard.
The court stayed the August 3 prohibitory order until the next hearing and directed the respondents to file their replies.
Dabur had challenged the FSSAI order, arguing that it was issued without a show-cause notice or hearing. The company also questioned the authority of the Designated Officer to issue an immediate prohibitory order and contended that the action violated principles of natural justice.
Senior Advocate Sandeep Sethi, appearing for Dabur, submitted that the products had been sold under the same labels for several decades and that the action was based solely on the use of “100%” claims.
The Centre opposed the plea, stating that an improvement notice had earlier been issued to Dabur. However, Dabur clarified that the earlier notice concerned only its fruit juice products and not those covered by the latest order.
The FSSAI order covered products including Dabur 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.
The regulator had directed Dabur to submit an Action Taken Report within 15 days and warned of penal consequences for continued sales.
