Dabur moves HC seeking protection from FSSAI's action over juice import, sale

Hindustan Times

17-05-2025

Consumer goods company Dabur has moved the Delhi high court seeking protection from the Food Safety and Standards Authority of India (FSSAI)'s coercive action against the import and sale of its ACTIV fruit juice with the modified label of '100% no added sugar and preservatives'.
Dabur's application is likely to be heard next week. The company said it modified its label from '100% fruit juice' to '100% no added sugar and preservatives' in compliance with FSSAI's June 2024 notification for its business continuity. It added that the regulator objected to the '100%' claim.
In an affidavit filed in the high court last month, the FSSAI said the '100%' claim was presumably prohibited since it was neither defined nor recognised under the FSS Act or the FSS Claims Regulations, 2018.
The FSSAI had directed all food business operators (FBOs) to remove the '100% fruit juice' claim from the labels and advertisements of Reconstituted Fruit Juices.
Dabur's application said the company's representation to the FSSAI in February annexed the 'modified label'. It added that the FSSAI neither objected to the label nor refused to accept it.
'In light of the reply filed by the respondent No 2 [FSSAI] and the aforesaid incidence, the petitioner verily believes that the respondent No 2 may initiate action against the petitioner, even in respect of the current modified packaging, despite not having objected to the same on receipt of the representation on February 11, 2025,' the application said.
The application said that Dabur commenced printing the modified label around March 7-10 and billing of goods with modified laminate in India on April 23, by when FSSAI filed its affidavit.
The application was filed in Dabur's petition challenging the notification issued in June last year, arguing it violated its fundamental right to carry on trade or business and was causing operational hardships and branding loss.
On April 2, the high court refused to pass an interim order staying the decision after the Union government's counsel Premtosh Kumar Mishra said that the law did not permit FBOs to use the term '100%' on the labelling, advertising, or marketing of food products, including fruit juices. He added that any claim of such nature was devoid of statutory recognition.
The Union health ministry and the FSSAI told the court in April that the Food Safety and Standards (Advertising and Claims) Regulations, 2018, did not permit the use of the expression '100%' about fruit juices. The expression was held to be 'inherently misleading' that creates confusion in the minds of consumers and violates principles of 'fair disclosure' envisaged under the applicable law, the affidavit said. 'The absence of the term '100%' from the said schedule [V of the regulations], ipso facto precludes its usage in the labelling, advertising, or marketing of food products, rendering any such usage any such usage non est in law and contrary to the express intent of [the] regulatory framework.'
In response, Dabur filed its rejoinder on Friday, saying the FSSAI, being an administrative body, did not have the legislative competence to amend Food Safety and Standards (Advertising and Claims) Regulations, 2018, and expressly prohibit the '100%' claim. The rejoinder added that the June last year notification 'singled out reconstituted fruit juices', which was irrational and discriminatory since other FBOs were being permitted to use the '100%' natural claims in respect of food items, including fruit juice mixes, ketchups, etc.