A legal battle over the use of “100 per cent” claims on food products has reached the Delhi High Court, as Dabur India has filed a petition challenging a directive from the Food Safety and Standards Authority of India (FSSAI). The FSSAI order, issued earlier this week, barred Dabur from selling several products marketed with such assertions, including "100 per cent Natural," "100 per cent Pure," and "100 per cent Organic."
Dabur's petition, urgently mentioned before Chief Justice D.K. Upadhyaya, is now slated for a hearing before Justice Swarana Kanta Sharma. The company argues that the FSSAI's prohibition order was issued without proper procedure, specifically citing a lack of a show-cause notice or an opportunity for the company to be heard, thus violating principles of natural justice.
FSSAI's Stance on "100%" Claims
The FSSAI's order mandated that Dabur immediately cease selling products like honey, apple cider vinegar, virgin coconut oil, cow ghee, and various other food items displaying “100 per cent” claims. The regulator asserted that these claims violate the Food Safety and Standards (Advertising and Claims) Regulations, 2018, deeming them ambiguous, unverifiable, and likely to mislead consumers. Dabur was also instructed to submit an Action Taken Report within 15 days.
Dabur's Legal Arguments
In its filing, Dabur contended that the FSSAI lacked the statutory authority to issue such a prohibitory order. The company described the order as “non-speaking,” ambiguous, and passed without due application of mind. Dabur further highlighted that the term “100 per cent” is widely used across the food industry by numerous major brands. The company also argued that the public release of the prohibition order has unfairly damaged its reputation.
Previous Regulatory Objections
This is not the first instance of the FSSAI raising concerns regarding Dabur's product claims. The regulator had previously objected to Dabur Himalayan Organic Apple Cider Vinegar and Dabur Organic Honey displaying the Jaivik Bharat logo without valid FSSAI organic endorsement. Additionally, Dabur Hommade Coconut Milk was marketed with a “100 per cent Purity” claim, which the FSSAI deemed impermissible for compound food products under advertising regulations. The FSSAI stated that it had previously directed Dabur to discontinue these claims but found that no satisfactory corrective action had been taken, leading to the current prohibition order.
The High Court's decision will be crucial in clarifying the scope of permissible advertising claims in the Indian food industry and the procedural requirements for regulatory actions against such claims.