The Food Safety and Standards Authority of India (FSSAI) has stepped up regulatory action against FMCG major Dabur India and demanded mandatory audits of 27 product lines. According to reports, the new FSSAI notification dated August 19 covers 27 product lines of Dabur.
This includes new consumer categories such as home brands, glucose powders and high-margin D2C wellness and nutraceutical products. The food safety regulator flagged claims attributing medicinal benefits to products such as cold-pressed oils, apple cider vinegar and honey and asked the company to withdraw the claim. Money control reported.
FSSAI has asked Dabur to provide scientific dossiers and data from peer-reviewed human clinical trials for all health and immunity claims.
FSSAI crackdown on Dabur
Earlier in August, FSSAI said six companies, including Dabur India and Ferns N Petals, had corrected their mistakes after notices were issued against them for misleading labels, claims and advertisements.
In a social media post, FSSAI informed the public about the “corrective measures taken by FBOs (Food Business Operators) following the publication of notifications issued by the regulator.”
The six companies are: Lotte India Corporation Pvt Ltd, Dabur India, Ferns N Petals Pvt Ltd, Eat Better Ventures Pvt Ltd, SS Product Prop and Om Sai Healthcare.
“Following the notifications from FSSAI, the major PFs took prompt corrective actions. Actions range from withdrawing misleading label claims to reviewing product packaging to ensure consumer safety and compliance,” the regulator said.
In the Dabur case, FSSAI said the company was selling a proprietary Ayurvedic medicinal oil in the guise of edible oil.
“Dabur said that the company has directed all e-commerce platforms to include the product under the appropriate category of Ayurvedic Proprietary Medicines and is in the process of including the product under the appropriate category on its own website as the product does not fall under the purview of FSSAI,” the regulator said.
FSSAI noted that “regulatory oversight” promotes accountability in the food industry.
100% claim under scanner
Earlier, FSSAI had also banned Daburu from selling food products with claims such as “100% pure”, “100% natural”, “100% purity guaranteed”, “100% organic” and “100% tender coconut water”.
According to the food safety regulator, the use of 100% claims is contrary to the FSS (Advertising and Claims) Regulations 2018 as they are ambiguous, unverifiable and may mislead consumers.
However, the Delhi High Court stayed the FSSAI directive, noting that Dabur had been selling the products for decades and had at this stage provided sufficient grounds for relief as the regulator’s order was passed without any hearing.
“The court is prima facie of the opinion that the restraining order should not have been passed without giving opportunity of review. Till the next hearing, the impugned order remains in force,” the judge said while listing the case for hearing on August 24.
Senior advocate Dabura argued that the FSSAI order was passed in violation of the principles of natural justice, in the absence of any notice or hearing.
Dabur’s senior advocate Sandeep Sethi said that the FSSAI, which issued the order, does not have the power to ban the sale of food items and that it is also not a case of any “emergency”.
