The Delhi High Court has given temporary relief to ITC Ltd in a dispute over the use of “100%” claims on its Aashirvaad M.P Chakki Atta, reported PTI. The court has asked the food regulator not to cancel or suspend the company’s FSSAI licence for now.
Justice Swarana Kanta Sharma granted interim protection to ITC while hearing the company’s petition against advisories and notices issued by the Food Safety and Standards Authority of India (FSSAI).
The court said no decision on cancellation of ITC’s licence would be taken until the next hearing, as the issue of the court’s jurisdiction is yet to be decided.
The case has been listed for hearing on September 9.
The matter relates to ITC’s Aashirvaad MP Chakki Atta. FSSAI had directed the company to remove claims using the term “100%” from the product’s labels, packaging and advertisements.
The regulator objected to claims such as “100% Atta & 100% Madhya Pradesh Wheat” on the product label and “Made from 100% MP Wheat only” in its advertisement.
FSSAI had also raised objections to the use of “0% Maida” on the product.
In May 2025, FSSAI issued an advisory to food businesses asking them to stop using “100%” on food labels, packaging and promotional material.
On August 10, FSSAI issued a fresh notice to ITC asking the company to explain within 30 days why action should not be taken against it for not following the advisory.
However, three days later, the Central Licensing Authority in Kolkata issued an improvement notice directing ITC to remove the disputed claims from all labels and advertisements.
The company was asked to submit a compliance report within 15 days. It was also warned that its FSSAI licence could be suspended if it failed to comply.
ITC told the court that the improvement notice was issued even before the 30-day period given to the company to respond to the allegations had ended.
The company argued that the notice effectively amounted to a final order stopping the use of the claims.
ITC also said the notice was mechanical, did not give proper reasons and showed no application of mind. It termed the threat of licence suspension arbitrary and disproportionate.
During the hearing, FSSAI’s counsel questioned whether ITC’s petition could be heard by the Delhi High Court. The regulator pointed out that the latest improvement notice had been issued in Kolkata. The court is yet to decide the jurisdiction issue.
The court also heard a separate petition filed by AWL Agri Business Limited against FSSAI.
AWL Agri Business received notices over alleged misleading declarations and claims on its Fortune Soya Health Refined Soyabean Oil, including “100% Veg” and “Cholesterol Free – For Healthy Lifestyle”.
Justice Sharma said an order on the maintainability of AWL Agri Business’s petition would be passed on August 31.