The Food Safety and Standards Authority of India (FSSAI) has defended its decision to bar consumer goods giant Dabur from selling its food products bearing labels such as “100% Pure”, saying the decision was taken after multiple regulatory communications and five improvement notices issued between 2024 and 2026.
In its affidavit filed in the Delhi high court on August 25, FSSAI said Dabur was given multiple opportunities to explain its position and that the company had been aware of its objections for a considerable period before the August 3 order was issued by the Designated Officer for the Northern Region.
To be sure, the FSSAI order was stayed by a bench of justice Amit Mahajan on August 4, noting that the order was too “general” and “vague” and should not have been passed without granting the company an opportunity to be heard. The stay, initially valid till August 24, was extended till the next date of hearing, December 16, by a bench of justice Swarana Kanta Sharma.
The FSSAI affidavit, filed through advocate Ashish Dixit, said the company had portrayed the August 3 order as an isolated, abrupt and standalone regulatory action, which was completely misleading.
“The impugned action forms part of a continuing regulatory process concerning the permissibility and potentially misleading character of the use of the expression “100%” and allied claims on food product labels, advertisements and promotional material,” the affidavit said.
{{/usCountry}}“The impugned action forms part of a continuing regulatory process concerning the permissibility and potentially misleading character of the use of the expression “100%” and allied claims on food product labels, advertisements and promotional material,” the affidavit said.
{{/usCountry}}Dabur petitioned the high court after FSSAI’s designated officer of the Northern Region on August 3, issued an order prohibiting the sale of Dabur’s range of food products with immediate effect including Dabur Honey, Dabur Honey Squeezy, Dabur Sunderbans Honey, Dabur Himalayan Apple Cider Vinegar, Dabur Himalayan Organic Apple Cider Vinegar, Dabur Virgin Coconut Oil, Dabur Cold Pressed Sesame Oil, Dabur Cow Ghee, Real Activ 100% Tender Coconut Water, Dabur Hommade Coconut Milk and Dabur Organic Honey; bearing the expression “1 00%” in different forms like “100% pure”, “100% natural”, etc., with “immediate effect”, on the purported ground that the same “appears to be misleading’.
Dabur has petitioned the high court against the order, arguing that it was issued without any prior regulatory engagement, improvement, or show-cause notice, which would have allowed it to submit a written response.
In its affidavit, FSSAI said Section 36(3)(b) of the Food Safety and Standards Act empowered the Designated Officer to prohibit the sale of any food item that contravenes the Act, rules or regulations. It clarified that the provision was not limited to food that was unsafe, adulterated, spurious, or substandard, but also covered products marketed, labelled, or advertised in violation of statutory or regulatory requirements.
The FSSAI also rejected Dabur’s accusation that it was selectively targeted, stating that its scrutiny of “100%” claims was not limited to the company or any particular category of products. It said regulatory examination and enforcement action had been undertaken against several food business operators across different food categories where similar claims were found and warranted scrutiny under the applicable legal framework.