Delhi HC Halts FSSAI License Cancellation for ITC’s ‘100%’ Claim

The Delhi High Court has issued an interim order, providing relief to ITC by preventing the Food Safety and Standards Authority of India (FSSAI) from moving forward with the cancellation of the company’s license.

This decision arises from a dispute over ITC’s “100% Atta, 100% Madhya Pradesh Wheat, 0% Maida” claim prominently displayed on its Aashirvaad MP Chakki Atta product labels.

FSSAI’s Nationwide Directive

The FSSAI had previously directed ITC to remove the specific “100%” claim from its product. This action is part of a broader advisory issued by the food regulator to all food business operators (FBOs).

On May 28, 2025, FSSAI issued an advisory mandating FBOs to cease using the term “100%” on food product labels, packaging, and promotional materials.

ITC Challenges FSSAI’s Authority

ITC’s petition directly challenges this FSSAI advisory, arguing it lacks a rational basis and is arbitrary. The company contends the directive violates constitutional provisions and exceeds the FSSAI’s statutory powers.

ITC asserts the advisory contravenes Article 14 of the Indian Constitution, further arguing it oversteps FSSAI’s authority as defined by the Food Safety and Standards Act, 2006.

Court Grants Interim Protection and Next Steps

Justice Swarana Kanta Sharma granted the interim protection after ITC highlighted an imminent compliance deadline. A compliance deadline in one of FSSAI’s notices was set to expire on August 28.

The court will first address its territorial jurisdiction, considering FSSAI notices were issued from both Delhi and Kolkata. FSSAI’s Kolkata office also issued a show-cause notice on August 10 and an improvement notice on August 13, threatening license suspension.

The next hearing in the matter is scheduled for September 9, with the court requesting a response from the Ministry of Health and Family Welfare regarding ITC’s petition before this date.