Bombay High Court: Old Monk FSSAI Ban Withdrawal, Brewer to Revise Labels

• Mohan Rocky Springwater Breweries Ltd withdrew its petition against an FSSAI prohibition order in the Bombay High Court.
• The FSSAI had halted Old Monk sales, citing non-compliance with labeling requirements for rum-flavoured spirit.
• The manufacturer committed to submitting revised product labels directly to the Food Safety and Standards Authority of India for approval.
• The FSSAI's order, issued under the Food Safety and Standards Act, 2006, specifically targeted Old Monk variants from the Khopoli facility.
• The case emphasizes the FSSAI's strict enforcement of accurate product classification, particularly for beverages with added flavorings.

Compliance officers and legal counsel in the food and beverage industry, especially those dealing with alcoholic spirits, should note the FSSAI's strict enforcement of labeling requirements for 'rum-flavoured spirit' versus 'rum'.

The manufacturer of the well-known Old Monk brand, Mohan Rocky Springwater Breweries Ltd, recently withdrew its legal challenge against a prohibition order issued by the Food Safety and Standards Authority of India (FSSAI). This action, taken before the Bombay High Court, effectively marked the Old Monk FSSAI ban withdrawal from judicial review, allowing the company to pursue an administrative resolution. The FSSAI's order had previously halted the sale of the popular beverage due to alleged non-compliance with specific labeling regulations.

During the proceedings, M/S. Mohan Rocky Springwater Breweries Private Limited informed the High Court of its intention to submit revised product labels directly to the food safety regulator for approval. This commitment led a Division Bench, comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait M Sethna, to grant the Old Monk manufacturer permission to withdraw its petition, which had contested the FSSAI's prohibition. The decision signals a shift in strategy by the company to address the regulatory concerns directly with the Food Safety and Standards Authority of India.

The core of the dispute centered on the FSSAI's assertion that the Old Monk product, due to its formulation with added flavoring, must be explicitly labeled as a "rum-flavoured spirit" rather than simply "rum." This regulatory stance was the basis for the prohibition order, which originated from the FSSAI's Western Regional Office under the authority of the Food Safety and Standards Act, 2006. The order specifically targeted the sale and distribution of Old Monk variants produced at the company’s Khopoli facility.

The Food Safety and Standards Authority of India objected to the existing marketing and packaging of the beverage, contending that its composition necessitated a more precise classification. The FSSAI maintained that the product could not be sold under the generic designation of "rum" alone, emphasizing the critical distinction between a pure rum product and one that incorporates additional flavorings, thereby requiring the "rum-flavoured spirit" designation.

This case, M/S. Mohan Rocky Springwater Breweries Private Limited vs Union of India, underscores the stringent enforcement of labeling requirements by the Food Safety and Standards Authority of India within the alcoholic beverage sector. The FSSAI's insistence on accurate product classification, particularly for products like Old Monk where flavoring is added, sets a clear precedent for manufacturers.

Compliance officers and legal counsel in the food and beverage industry, especially those dealing with alcoholic spirits, should note the FSSAI's strict enforcement of labeling requirements for 'rum-flavoured spirit' versus 'rum'. This case highlights the critical importance of accurately classifying and labeling products to avoid regulatory challenges and potential sales prohibitions, indicating a need to review current product labeling practices for similar products. The Old Monk FSSAI ban withdrawal and subsequent commitment to revise labels demonstrate the necessity for producers to align their product descriptions precisely with regulatory definitions to ensure market access and avoid costly legal disputes.

Compliance officers and legal counsel in the food and beverage industry, especially those dealing with alcoholic spirits, should note the FSSAI's strict enforcement of labeling requirements for 'rum-flavoured spirit' versus 'rum'. This case underscores the importance of accurately classifying and labeling products to avoid regulatory challenges and potential sales prohibitions, indicating a need to review current product labeling practices for similar products.

Source: Original reporting via Bar and Bench