Dabur India Ltd has filed a petition in the Delhi High Court seeking to set aside a directive from the national food safety watch-dog that prohibits the consumer goods company from selling food items labeled with “100 per cent” marketing claims.
The matter was mentioned on Thursday, August 6, before a bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia. The petition has been scheduled for a hearing on Friday before Justice Swarana Kanta Sharma.
Dabur Cites Violation of Due Process
In its legal challenge, Dabur asserted that the prohibition order was issued by the Food Safety and Standards Authority of India (FSSAI) without serving a prior show-cause notice or providing the company an opportunity to be heard, constituting a violation of natural justice principles and statutory requirements.
The company stated in its plea that FSSAI does not possess the statutory power to issue such prohibitory directions, adding that the order was ambiguous, unreasoned, and passed without proper application of mind. Dabur also noted that “100%” descriptors are widely utilized across multiple food product categories by major market players, arguing that the public release of the directive generated a negative image of the brand.
Regulator Orders Immediate Halt on Sales
The legal proceeding follows a social media update issued by FSSAI on Monday, in which the regulator announced a prohibition order against Dabur regarding misleading product labeling. FSSAI stated that items offered on the company’s website carried deceptive claims, including phrases such as “100 per cent Pure,” “100 per cent Natural,” “100 per cent Purity Guaranteed,” “100 per cent Organic,” and “100 per cent Tender Coconut Water.”
The regulatory action covers a range of food items, including honey, cow ghee, edible oils, apple cider vinegar, virgin coconut oil, sesame oil, coconut water, and coconut milk.
Regulatory Violation Allegations
According to FSSAI, using “100 per cent” claims violates the FSS (Advertising & Claims) Regulations, 2018, as such statements are ambiguous, unverifiable, and likely to deceive consumers.
The authority directed Dabur to immediately stop selling the identified products along with any other food items featuring similar “100 per cent” marketing claims. FSSAI also mandated that Dabur submit an Action Taken Report within 15 days.
