Delhi HC Halts FSSAI Action on ITC’s Aashirvaad Atta Claims

The Delhi High Court has temporarily paused enforcement action by the Food Safety and Standards Authority of India (FSSAI) against ITC, specifically concerning its “100%” atta claims for Aashirvaad Atta. This judicial intervention means the FSSAI cannot proceed with any license cancellation based on a recent advisory until the next hearing on September 9.

The Core Dispute

ITC initiated legal proceedings to contest a show cause notice issued on August 10 and an improvement notice dated August 13. These notices mandated that the Fast-Moving Consumer Goods (FMCG) company alter its product labels, advertisements, and website content within a 15-day timeframe.

• The initial show cause notice from FSSAI was issued on August 10.
• An improvement notice followed on August 13.
• ITC was given 15 days to implement required changes.
• The Delhi High Court has set the next hearing for September 9.

Central to ITC’s legal challenge is its assertion that the FSSAI’s advisory, which specifically targets “100%” claims in product marketing, operates outside the established legal framework. The company contends that it is not legally bound by an advisory it perceives as exceeding the regulatory body’s statutory powers.

Judicial Intervention

Justice Swarana Kanta Sharma, presiding over the case, has formally issued a notice to the FSSAI. This directive requires the regulatory authority to articulate its position and respond to the specific allegations put forth by ITC in its petition.

This temporary judicial stay provides a crucial reprieve for ITC, preventing immediate punitive action while the legal merits of the FSSAI’s advisory are scrutinised. The upcoming September 9 hearing will be pivotal in determining the future regulatory landscape for “100%” product claims in India.