The Delhi High Court has given temporary relief to ITC in its dispute with FSSAI over “100%” claims on Aashirvaad M.P. Chakki Atta.
The court has told FSSAI not to suspend or cancel ITC’s food licence for now. The case will be heard again on September 9, while the court considers whether the Delhi High Court has jurisdiction over the matter.
DISPUTE OVER ‘100%’ CLAIMS
FSSAI had asked ITC to remove claims such as:
“100% Atta & 100% Madhya Pradesh Wheat”
“Made from 100% MP Wheat only”
“0% Maida”
The regulator had earlier advised food companies to stop using “100%” claims on food labels, packaging and advertisements.
WHY ITC WENT TO COURT
FSSAI issued ITC a notice on August 10, giving the company 30 days to respond.
However, just three days later, the Central Licensing Authority in Kolkata issued an improvement notice ordering ITC to remove the disputed claims within 15 days. It warned that the company's FSSAI licence could be suspended for non-compliance.
ITC argued that this was unfair because the 30-day response period had not yet ended. It also said the notice was issued without proper reasoning and that the threat to suspend its licence was excessive.
FSSAI, meanwhile, questioned whether the Delhi High Court was the correct court to hear the case because the latest notice came from Kolkata.
The court has not yet decided that issue.
SEPARATE CASE INVOLVING FORTUNE OIL
The court also heard a similar case involving AWL Agri Business, concerning claims such as “100% Veg” and “Cholesterol Free – For Healthy Lifestyle” on Fortune Soya Health Refined Soyabean Oil.
The court will decide on August 31 whether AWL's petition can be heard.
The key issue for ITC now is whether its challenge can proceed in Delhi and whether FSSAI can take enforcement action before the company's response process is completed.
