Delhi HC Stays FSSAI's Order Against Dabur's '100% Pure' Claims: What It Means

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The Delhi High Court has stayed FSSAI's order directing Dabur to stop selling products carrying claims such as "100% Pure" and "100% Natural". Here's why the court intervened, what the regulator alleged, and what it means for consumers and FMCG companies
The outcome could shape how aggressively FSSAI regulates marketing claims such as "100% Pure", "100% Natural" and "Organic" across the FMCG industry
The outcome could shape how aggressively FSSAI regulates marketing claims such as "100% Pure", "100% Natural" and "Organic" across the FMCG industry 

One regulator said "stop selling." A court said "not so fast." The Delhi High Court has granted interim relief to Dabur, staying an FSSAI order that directed the FMCG giant to immediately halt sales of several products carrying labels such as "100% Pure", "100% Natural" and "100% Organic". The case could have far-reaching implications for how food companies advertise their products in India.

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Why did FSSAI act against Dabur?

On August 3, FSSAI directed Dabur to immediately stop selling several products, including honey, ghee, edible oils, coconut water and apple cider vinegar, alleging that claims such as "100% Pure", "100% Natural" and "100% Organic" could be misleading under food advertising regulations. The regulator also asked Dabur to submit an Action Taken Report within 15 days and warned of legal consequences for continued sales.

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What did the Delhi High Court say?

The High Court stayed FSSAI's order, observing prima facie that such a prohibitory order should not have been passed without first giving Dabur an opportunity to be heard. Justice Amit Mahajan noted that the company had been selling these products under the same labels for decades and that the regulator appeared to have issued the order without following principles of natural justice.

Why is 'natural justice' central to the case?

Dabur argued that it received no show-cause notice and no hearing before being ordered to stop selling its products. The company contended that even if the regulator believed the labels violated advertising rules, it was legally entitled to explain its position before such a drastic action was taken.

Did the court rule that Dabur's labels are legal?

No. The High Court has not ruled on whether "100%" claims are misleading. It has only granted interim relief, meaning FSSAI's order will remain stayed until the next hearing while the court examines the legality of the regulator's action.

What products are involved?

The order covers several well-known Dabur products, including Dabur Honey, Dabur Cow Ghee, Dabur Virgin Coconut Oil, Dabur Himalayan Apple Cider Vinegar, Dabur Organic Honey, Real Activ 100% Tender Coconut Water and other products carrying similar "100%" claims.

Didn't Dabur already have a dispute over '100%' claims?

Yes. The Centre informed the court that Dabur already has another case pending before the Delhi High Court involving "100%" claims on Real fruit juice products. However, Dabur argued that the present case is different because FSSAI has now issued an immediate prohibitory order stopping sales, rather than merely questioning the claims.

Why could this case matter beyond Dabur?

The outcome could shape how aggressively FSSAI regulates marketing claims such as "100% Pure", "100% Natural" and "Organic" across the FMCG industry. If the court eventually defines the limits of these claims, the ruling could influence packaging, advertising and labelling practices for food brands across India.

What happens next?

The High Court has issued notice to FSSAI and the Centre, seeking their response. Until the next hearing, Dabur can continue selling the products covered by the order, while the court decides whether FSSAI followed due process and whether its prohibitory action was legally sustainable.

(With inputs from ANI)