FMCG major Dabur India has approached the Delhi High Court challenging the Food Safety and Standards Authority of India (FSSAI) over its recent order prohibiting the sale of several food products carrying claims such as "100% natural," "100% pure," and "100% organic."

The company has alleged that the regulator's action violated the principles of natural justice, arguing that no prior show-cause notice or opportunity to present its case was provided before the prohibition order was issued.

The case is expected to be heard on Friday by Justice Swarana Kanta Sharma.

Why Has Dabur Challenged the FSSAI Order?

The legal challenge comes days after FSSAI directed Dabur to immediately stop selling multiple food products marketed with "100%" claims.

The regulator maintained that such claims are:

• Ambiguous
• Unverifiable
• Potentially misleading for consumers

Products covered under the prohibition include:

• Honey
• Cow Ghee
• Virgin Coconut Oil
• Sesame Oil
• Apple Cider Vinegar
• Coconut Water
• Coconut Milk

Dabur has now sought judicial intervention, claiming the regulator exceeded its legal powers while issuing the order.

Dabur Alleges Violation of Natural Justice

In its petition before the Delhi High Court, Dabur argued that FSSAI failed to follow due legal procedure.

According to the company, the regulator:

• Did not issue a proper show-cause notice before imposing the ban.
• Did not provide an opportunity for a hearing.
• Issued the prohibition order without adequate reasoning.
• Publicly disclosed the enforcement action, allegedly damaging the company's reputation.

Dabur described the order as:

• Non-speaking
• Ambiguous
• Arbitrary
• Passed without proper application of mind

The company has also questioned whether FSSAI possesses the statutory authority to impose such prohibitory restrictions in the manner adopted.

Company Questions Selective Enforcement

Dabur has further argued that "100%" marketing claims are widely used across the food industry by several competing brands.

According to the petition, the company questioned why it alone was subjected to a prohibition order and public disclosure while similar claims continue to be used elsewhere in the market.

The company has urged the court to examine the regulator's approach and the legality of the enforcement action.

What Did FSSAI Say?

Earlier this week, FSSAI stated that several Dabur products available on its website were carrying "100%" purity-related claims that allegedly violated the Food Safety and Standards (Advertising and Claims) Regulations.

According to the regulator, such claims are:

• Ambiguous
• Impossible to independently verify
• Likely to mislead consumers regarding product quality

The regulator also alleged that:

• Dabur Himalayan Organic Apple Cider Vinegar
• Dabur Organic Honey

displayed the Jaivik Bharat logo without a valid FSSAI organic endorsement.

Additionally, Dabur Hommade Coconut Milk was found carrying a "100% purity" claim, which FSSAI stated is not permissible for compound food products under existing regulations.

FSSAI Says Dabur Was Already Warned

FSSAI has maintained that the latest order was not its first action against the company.

According to the regulator, Dabur had earlier been instructed to discontinue the disputed "100%" claims but failed to take satisfactory corrective action.

Following this, FSSAI directed the company to:

• Immediately stop selling products carrying the disputed claims.
• Submit an Action Taken Report (ATR) within 15 days outlining compliance measures.

The prohibition extends across multiple food categories, including edible oils, honey, dairy products, and beverages.

Growing Regulatory Scrutiny on Food Advertising

The dispute comes amid increased scrutiny by FSSAI over product advertising, packaging, labeling, and health-related marketing claims made by food and beverage companies.

The regulator has intensified enforcement against companies accused of making exaggerated or misleading claims, while also publicly announcing regulatory actions through its official communication channels.

The outcome of Dabur's petition is expected to have significant implications for food manufacturers using absolute marketing terms such as "100% pure," "100% natural," and "100% organic" in product branding.

Key Highlights

• Dabur has challenged FSSAI's prohibition order in the Delhi High Court.
• FSSAI barred the sale of products carrying "100%" marketing claims.
• The regulator called the claims ambiguous, unverifiable, and potentially misleading.
• Dabur alleges violation of natural justice and lack of due process.
• The company claims no proper hearing was granted before the order.
• Dabur has questioned FSSAI's legal authority to impose the prohibition.
• FSSAI says the company had previously been warned to discontinue the disputed claims.
• The High Court is scheduled to hear the matter on Friday.

Frequently Asked Questions (FAQs)

Why did Dabur move the Delhi High Court?

Dabur challenged FSSAI's order banning the sale of products carrying "100%" claims, alleging that the regulator violated principles of natural justice.

Why did FSSAI ban Dabur's products?

FSSAI stated that claims such as "100% natural," "100% pure," and "100% organic" are ambiguous, unverifiable, and potentially misleading under food advertising regulations.

Which Dabur products are affected?

The prohibition covers products including honey, cow ghee, apple cider vinegar, virgin coconut oil, sesame oil, coconut water, and coconut milk.

What does Dabur claim in its petition?

The company argues it was denied a fair hearing, received no proper show-cause notice, and questions FSSAI's authority to issue the prohibition.

What is FSSAI's response?

The regulator says Dabur had already been directed to remove misleading claims but failed to take adequate corrective action.

When will the court hear the case?

The Delhi High Court is scheduled to hear the matter on Friday.