Winning Bizness Desk

Mumbai.Dabur’s ‘100% Pure’ products get relief as Delhi HC stays FSSAI sales ban order

New Delhi: The Delhi High Court has granted interim relief to Dabur by staying a Food Safety and Standards Authority of India (FSSAI) order directing an immediate halt to the sale of products carrying claims such as “100% pure”, “100% natural” and “100% organic”.

A bench headed by Justice Amit Mahajan issued notices to the Centre and the FSSAI, seeking their responses. The FSSAI order will remain suspended until the matter comes up for further hearing.

The dispute is not about the safety or quality of Dabur’s products but centres on the wording used on their labels and in advertisements.

What products and claims triggered FSSAI action

The FSSAI had acted against several Dabur products carrying “100%” claims on their labels. These included Dabur Honey, Dabur Honey Squeezy, Dabur Sundarbans Honey, Dabur Himalayan Apple Cider Vinegar, Dabur Virgin Coconut Oil, Dabur Cow Ghee, Real Activ 100% Tender Coconut Water, Dabur Homemade Coconut Milk and Dabur Organic Honey.

The regulator objected to the use of terms such as “100% pure”, “100% natural” and “100% organic”, arguing that such claims could be vague and potentially misleading for consumers.

According to the FSSAI, such claims cannot always be independently verified and could create a wrong impression among buyers about the nature or composition of a product.

Why Dabur challenged the regulator’s sales order

Dabur approached the High Court arguing that the FSSAI had not followed the procedure prescribed under the Food Safety and Standards Regulations, 2018.

The company said it was neither served a show-cause notice nor given a corrective notice before the action was taken. It argued that the sales restriction was imposed suddenly, without giving the company an opportunity to explain or defend its position.

Dabur also questioned the legal basis of the order, saying Section 18 of the Food Safety and Standards Act, 2006 lays down guiding principles but does not, by itself, empower an officer to directly order a halt to sales.

The company further argued that the FSSAI order did not explain how expressions such as “100% pure” or “100% natural” violated the applicable rules. It maintained that describing single-ingredient or completely natural products as “100% pure” should not automatically be treated as misleading.

No quality or safety defect has been alleged

Dabur told the court that the FSSAI order did not allege that any of the affected products were adulterated, unsafe, counterfeit or substandard.

The company’s key submissions included:

• The dispute concerns labelling and advertising claims, not product safety.
• No show-cause or corrective notice was issued before the sales restriction.
• The order did not clearly explain the alleged violation.
• The company claimed the action was causing significant business losses.

Dabur also said the order had created an immediate business impact, with the company facing the prospect of recalling existing stocks or repackaging products.

The company further submitted that the FSSAI’s publication of the order on social media, along with advice to online retailers and channel partners to stop sales, had affected both its business and reputation.

What the High Court stay means for Dabur products

With the interim stay, Dabur can continue selling the affected products for now through online and offline retailers.

Retailers will not be required to stop selling the products, while Dabur will not presently have to recall existing stocks from the market or undertake repackaging because of the stayed order.

The court has, however, not finally decided whether the FSSAI’s action was legally valid. The interim relief will remain in force pending further proceedings.

The next step will be for the Centre and the FSSAI to file their responses to the court’s notice. The High Court will then consider Dabur’s petition and decide whether the FSSAI’s August 3 order should stand or be set aside.

Why the case matters to FMCG companies and consumers

The dispute could have wider implications for the fast-moving consumer goods (FMCG) sector, particularly over regulatory compliance and the language companies use while marketing food products.

The FSSAI has been taking a stricter view of claims involving terms such as “100%” and “natural”. Its position is that such wording can be problematic, particularly for processed or multi-ingredient foods.

The regulator’s claims framework broadly requires food business operators to justify claims made about their products and, where applicable, respond to regulatory objections.

A key issue is the distinction between single-ingredient and multi-ingredient products. While the FSSAI maintains that “100% pure” can be misleading when used for processed or multi-ingredient foods, companies argue that such descriptions can be legitimate for products such as honey or pure coconut water.

For consumers, the immediate takeaway is that the court dispute is about the technical language of product labels and advertisements, and not an allegation that Dabur’s affected products are unsafe.