The FSSAI had banned the use of 100% claims, stating that such declarations are ambiguous, unverifiable and potentially misleading to consumers. The prohibition order covers several products including honey, cow ghee, apple cider vinegar, virgin coconut oil, sesame oil, coconut water and coconut milk.
Dabur argued that the order was passed without issuing a show-cause or improvement notice or providing it an opportunity of hearing. The company relied on the Food Safety and Standards (Advertising and Claims) Regulations, 2018, to argue that the FSSAI is required to seek clarification from a food business operator and consider its response before taking action.
It contended that the FSSAI order was non-speaking and failed to explain how the “100%” claims were misleading. It argued that such expressions, when factually accurate, for instance, “100% pure” for a single-ingredient product such as honey, cannot by themselves violate the regulations.
Dabur further claimed that FSSAI’s action could require products worth over ₹150 crore to be withdrawn, destroyed or repackaged. The company said that the measure is disproportionate and arbitrary.
It also alleged that FSSAI’s publicisation of the order on social media had caused negative publicity and created an impression that Dabur’s products were substandard.
“It is pertinent to state that the expression ‘100% ‘ is being used in one way or the other, across several categories of food products by many other major players, however, the Petitioner has been singled out,” the plea stated.
