
Delhi HC: FSSAI Order Against Dabur's '100% Pure' Claims Stays
Summary
- The Delhi High Court stayed FSSAI's order banning Dabur from using '100% Pure' claims on its food products.
- Dabur argued that the FSSAI's order was passed without following due process and that the officer who issued the ban did not have the necessary powers to prohibit the sale of these products.
- The matter will be heard next on August 24, when the Court is expected to deliberate further on the issue.
- The case highlights the importance of natural justice principles in regulatory matters and emphasizes the need for regulatory bodies to follow due process.
FSSAI's Ban on '100% Pure' Claims Stays in Limbo
The order is stayed till the next date of hearing,
The Delhi High Court has temporarily halted the Food Safety and Standards Authority of India's (FSSAI) order banning Dabur from using claims such as '100% Pure', '100% Natural', '100% Purity Guaranteed', and '100% Organic' on its food products. This decision comes after Dabur approached the High Court, arguing that the FSSAI's order was passed without following due process. The company has been selling these products for decades, and its lawyers contend that the officer who issued the ban does not have the authority to prohibit their sale in this manner.
The matter will now be heard on August 24, when the Court is expected to deliberate further on the issue. In the meantime, Dabur's food products can continue to carry these claims, pending the outcome of the case.
A Shift in Regulatory Approach?
The Delhi High Court's stay of FSSAI's order may indicate a shift in the regulatory approach towards food product labeling. The Court's decision to grant Dabur a temporary reprieve from the ban suggests that it is taking a closer look at the enforcement actions taken by the FSSAI. This development has significant implications for lawyers advising clients on food product labeling, as it highlights the importance of following due process in regulatory matters.
The case also raises questions about the power and authority of the officer who issued the ban. Dabur's lawyers argue that the officer does not have the necessary powers to prohibit the sale of these products, which has been a contentious issue in the food safety regulations in India.
Natural Justice Principles at Play
The Delhi High Court's decision to stay FSSAI's order is also significant because it emphasizes the importance of natural justice principles in regulatory matters. The Court noted that an order of such a nature ought not to have been passed without hearing Dabur first, which suggests that the company was denied its right to be heard before the ban was imposed.
This development has important implications for food safety regulations in India, as it highlights the need for regulatory bodies to follow due process and ensure that companies are given a fair opportunity to respond to allegations before any action is taken against them.
Practical Implications
Lawyers advising clients on food product labelling should note the Delhi High Court's stay of FSSAI's order banning Dabur from using '100% Pure' claims, which may indicate a shift in regulatory approach and highlight the importance of following due process in enforcement actions.
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