The Food Safety and Standards Authority of India (FSSAI) has expanded its regulatory crackdown against FMCG major and has sought a statutory audit of 27 product lines. According to reports, FSSAI’s new improvement notice dated August 19 targets 27 of Dabur’s product lines.
This include new consumer categories like homemade brands, glucose powders and high-margin D2C wellness and nutraceutical products. The food safety regulator flagged claims attributing medicinal benefits to products like cold-pressed oils, apple cider vinegar, and honey and asked the company to remove or withdraw the claim, Moneycontrol reported.
FSSAI had asked Dabur to submit scientific dossiers and peer-reviewed human clinical trial data for all health and immunity claims.
FSSAI crackdown on Dabur
Earlier, in August, said that six companies, including Dabur India and Ferns N Petals, have rectified their mistakes following the notices issued against them for misleading labels, claims and advertisements.
In a social media post, FSSAI informed the public about the ‘corrective action taken by FBOs (food business operators) post notices issued by the regulator.
These six companies are: Lotte India Corporation Pvt Ltd, Dabur India, Ferns N Petals Pvt Ltd, Eat Better Ventures Pvt Ltd, S S Product Prop and Om Sai Healthcare.
“Following notices from FSSAI, major FBOs have taken prompt corrective actions. Measures range from withdrawing misleading label claims to revising product packaging to ensure consumer safety and compliance,” the regulator said in the post.
In the case of Dabur, the FSSAI said that the company was selling ayurvedic proprietary medicinal oil as edible oil.
“Dabur has informed that the company has directed all e-commerce platforms to list the product under appropriate category of ayurvedic proprietary medicine and is in the process to list the product under appropriate category on its own website since the product will not fall under the purview of FSSAI,” the regulator said.
FSSAI noted that “regulatory oversight” is driving accountability in the food industry.
100 per cent claim under scanner
Earlier, the FSSAI had also banned from selling food products carrying 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 the 100 per cent claims is in contravention of the FSS (Advertising & Claims) Regulations, 2018, as they are ambiguous, unverifiable and likely to mislead consumers.
The Delhi High Court, however, stayed the FSSAI directive, observing that Dabur was selling the products for decades and has made out a prima facie case for relief at this stage, as the regulator’s order was passed without giving it any hearing.
“The court is prima facie of the opinion that the prohibitory order ought not to have been passed without giving an opportunity of hearing. Till the next date of hearing, the impugned order is stayed,” said the judge, as he listed the case for hearing on August 24.
Dabur’s senior counsel argued that the FSSAI order was passed in violation of principles of natural justice, in absence of any show cause notice or hearing.
Dabur’s senior counsel Sandeep Sethi submitted that the FSSAI which passed the order has no power to prohibit the sale of food products and that this was not a case of any “emergency” either.