Delhi High Court stays FSSAI order against Dabur over '100%' claims

The Delhi High Court on Friday stayed the Food Safety and Standards Authority of India's (FSSAI) August 3 order prohibiting Dabur India Ltd from selling certain food products carrying claims such as "100% Pure", "100% Natural" and "100% Organic".

Justice Amit Mahajan passed the interim order while hearing Dabur's petition challenging the regulator's directive. The stay will remain in force until the next date of hearing.

The court also issued notices to the Union government, the FSSAI and other respondents, seeking their responses before the next hearing.

Appearing for Dabur, the company's counsel argued that the products had been sold for several decades and contended that the regulator's order was issued without following the principles of natural justice.

The company also questioned the authority of the designated officer to issue the prohibition order in the manner adopted.

Dabur further submitted that even in cases involving emergency prohibitory measures, the law requires prior notice to the affected party. It argued that the regulator itself had not treated the matter as an emergency, making the absence of a show-cause notice procedurally unsustainable.

Taking note of the submissions, the court observed that it was, prima facie, of the view that an order of such nature should not have been passed without first giving the company an opportunity to be heard.

"Considering the arguments made, this court is of the prima facie opinion that the order of such nature ought not to have been passed without hearing them first," the court observed.

The Centre and the FSSAI are expected to file their replies before the matter is heard again.