The Delhi High Court has granted temporary relief to ITC in its dispute with the Food Safety and Standards Authority of India over the use of “100%” claims on Aashirvaad MP Chakki Atta packaging and advertisements.
The court directed that no decision be taken for now on suspending or cancelling ITC’s FSSAI licence while the matter remains under consideration. The next hearing in the case is scheduled for September 9.
The dispute centres on claims used by ITC for its Aashirvaad MP Chakki Atta, including “100% Atta & 100% Madhya Pradesh Wheat” on product packaging and “Made from 100% MP Wheat only” in advertisements. The food regulator had also raised objections to the use of the claim “0% Maida”.
FSSAI had earlier issued an advisory to food businesses asking them to stop using the term “100%” on food labels, packaging and promotional material. The regulator later issued a notice to ITC seeking an explanation over its continued use of the disputed claims.
Subsequently, an improvement notice directed ITC to remove the claims from its product labels and advertisements and submit a compliance report within the specified period. The company was also warned that failure to comply could result in action against its food licence.
ITC challenged the notices before the Delhi High Court, arguing that the improvement notice was issued before the period provided to the company to respond to the earlier notice had expired.
The company also argued that the improvement notice effectively acted as a final order directing it to stop using the disputed claims. ITC questioned the reasoning behind the notice and described the potential suspension of its licence as arbitrary and disproportionate.
During the hearing, FSSAI raised questions over whether the Delhi High Court had jurisdiction to hear the matter, noting that the latest improvement notice had been issued by the Central Licensing Authority in Kolkata.
The court has not yet decided the jurisdiction issue and has therefore directed that no action regarding cancellation or suspension of ITC’s FSSAI licence be taken until the next hearing.
The court also considered a separate petition filed by AWL Agri Business Limited against FSSAI over objections to certain product declarations and claims on Fortune Soya Health Refined Soyabean Oil, including “100% Veg” and “Cholesterol Free – For Healthy Lifestyle”.
The dispute highlights the increasing regulatory scrutiny of marketing and labelling claims used by food companies. The outcome of the case could have wider implications for how terms such as “100%” are used on food packaging and in advertisements across India.
Conversation
Be kind and stay on topic. Comments are moderated; abuse, spam and personal attacks are removed. Report a problem