Dabur India has approached the Delhi High Court challenging the Food Safety and Standards Authority of India (FSSAI) order that prohibits the sale of several food products carrying “100%” claims. The company argues that the regulator issued the order without serving a prior show-cause notice or providing an opportunity to present its case, alleging a violation of the principles of natural justice.
The matter was mentioned before a bench led by Chief Justice D.K. Upadhyaya for urgent listing and is scheduled to be heard by Justice Swarana Kanta Sharma.
FSSAI’s Action Against Dabur
Earlier this week, FSSAI directed Dabur to immediately stop the sale of multiple products marketed with claims such as “100% Natural,” “100% Pure,” “100% Purity Guaranteed,” “100% Organic,” and “100% Tender Coconut Water.”
The products covered under the order include:
- Honey
- Organic Honey
- Apple Cider Vinegar
- Virgin Coconut Oil
- Sesame Oil
- Cow Ghee
- Coconut Water
- Coconut Milk
- Other food products carrying similar “100%” claims
According to FSSAI, these claims violate the Food Safety and Standards (Advertising and Claims) Regulations, 2018, as they are considered ambiguous, difficult to verify, and capable of misleading consumers.
The regulator has also instructed Dabur to submit an Action Taken Report (ATR) within 15 days detailing the corrective measures taken to comply with the order.
Dabur Challenges the Order
In its petition before the Delhi High Court, Dabur has raised several objections to FSSAI’s decision.
The company contends that the prohibition order was issued without a show-cause notice or an opportunity for a hearing, making it procedurally unfair. Dabur further argues that FSSAI exceeded its statutory powers by issuing a blanket prohibition order and described the decision as a “non-speaking order”, claiming it lacks adequate reasoning and proper application of mind.
Dabur also submitted that the phrase “100%” is commonly used by several leading food brands across the industry and that publicly publishing the prohibition order has caused reputational harm to the company.
Previous Compliance Issues
FSSAI has previously raised concerns regarding certain Dabur products. The regulator had found that Dabur Himalayan Organic Apple Cider Vinegar and Dabur Organic Honey displayed the Jaivik Bharat logo without a valid FSSAI organic endorsement.
Additionally, FSSAI objected to Dabur Hommade Coconut Milk carrying the claim “100% Purity,” stating that such claims are not permitted for compound food products under the existing advertising regulations.
According to the regulator, Dabur had been advised earlier to discontinue these claims, but satisfactory corrective action was not taken, leading to the latest enforcement action.
What Happens Next?
The Delhi High Court will now examine whether FSSAI followed due legal procedure before issuing the prohibition order and whether the regulator acted within the powers granted under the Food Safety and Standards Act.
The outcome of this case could have significant implications for the use of absolute marketing claims such as “100% Pure,” “100% Natural,” and “100% Organic” across India’s food industry, potentially influencing how food companies advertise and label their products in the future.
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