Delhi HC Stays FSSAI Order Against Dabur '100%' Claims

• The Delhi High Court stayed an FSSAI order directing Dabur to halt sale of food products carrying '100%' claims.
• Dabur argued that the FSSAI's action was taken without following natural justice principles, specifically without issuing a show cause notice or affording an opportunity for hearing.
• The court agreed with Dabur's contention and granted interim relief, setting a precedent on the application of natural justice principles in regulatory orders.
• The decision has significant implications for companies facing similar FSSAI actions and highlights the need for regulatory authorities to follow due process.

The court agreed with Dabur's contention, staying the FSSAI order pending further proceedings.

The Delhi High Court intervened in a dispute between Dabur India and the Food Safety and Standards Authority of India (FSSAI), granting interim relief to the former. The FSSAI had issued a prohibition order directing Dabur to stop selling products carrying '100%' claims, such as '100% Pure', '100% Natural', and '100% Organic'. However, Dabur argued that this action was taken without following the principles of natural justice, specifically without issuing a show cause notice or affording an opportunity for hearing. The court agreed with Dabur's contention, staying the FSSAI order pending further proceedings.

The matter is now scheduled to be heard next on August 24, after which the court will determine whether the FSSAI's actions were indeed in violation of natural justice principles.

This development has significant implications for companies facing similar regulatory actions from the FSSAI. The court's decision to grant interim relief to Dabur sets a precedent on the application of natural justice principles in regulatory orders. In this case, the FSSAI's failure to issue a show cause notice or provide an opportunity for hearing before passing the prohibition order was deemed a violation of these principles.

The Food Safety and Standards Act, 2006, which governs food safety standards in India, does not explicitly require the FSSAI to follow natural justice principles when issuing regulatory orders. However, the court's decision suggests that such principles are implicit in the Act and must be respected by regulatory authorities.

The Delhi High Court's decision has far-reaching implications for companies operating in India's food industry. The court's emphasis on the importance of natural justice principles in regulatory orders may lead to a re-evaluation of FSSAI's procedures and ensure that companies are given adequate opportunities to respond before facing prohibition orders.

Lawyers should take note of this development, as it sets a precedent for the application of natural justice principles in similar cases. The court's decision highlights the need for regulatory authorities to balance their duties with the rights of affected parties, ensuring that due process is followed at all times.

Lawyers should watch for this development as it sets a precedent on the application of natural justice principles in regulatory orders, potentially impacting other companies facing similar FSSAI actions.

Source: Original reporting via [Source Name]