Bombay HC Refuses Stay On Old Monk Sales Ban

The Bombay High Court on Monday refused to grant immediate interim relief to the manufacturer of Old Monk rum against an order prohibiting its sale in Maharashtra.

The dispute stems from orders issued by the Food Safety and Standards Authority of India (FSSAI), which prohibited the sale of Old Monk in Maharashtra over alleged labelling non-compliance and the use of artificial flavouring substances.

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad questioned descriptions on the packaging, including “7 years old blended” and “very old vatted”, observing that such claims could mislead consumers.

The bench expressed concern that an ordinary consumer could believe the entire spirit had been aged for seven years. “You are misleading the public… 7 years old means 7 years old!” Acting Chief Justice Ghuge remarked.

Senior Advocate Navroz Seervai, appearing for manufacturer Mohan Rocky Springwater, submitted that the label distinguished blended spirits in accordance with statutory rules.

The court, however, questioned whether an ordinary consumer would understand such technical distinctions. “How we wish every citizen of this country was so educated to understand all this!” the bench quipped.

The Acting Chief Justice also questioned how information about added flavourings was disclosed. “I used my magnifying glass, I could not find it,” the judge said after examining the product packaging.

Seervai argued that FSSAI regulations permit approved flavouring substances in neutral spirits and submitted that all ingredients were disclosed. He also alleged that Old Monk was being selectively targeted.

Additional Solicitor General Anil Singh opposed the plea, arguing that rum must derive its characteristic taste and aroma naturally from sugarcane fermentation. He said marketing a product as rum when neutral spirits formed the bulk could mislead consumers.

The manufacturer agreed to modify its packaging, remove “7 years old blended” and prominently display “added flavor”. The HC directed it to submit a fresh digitally printed draft label.

The matter will be heard on September 3. The decision is significant as it highlights the importance of accurate labelling and transparency in the food and beverage industry.

In recent years, there has been a growing concern about the use of artificial flavouring substances and misleading labelling practices in the industry. The court's decision is a step towards ensuring that consumers are not misled by false claims and are provided with accurate information about the products they consume.

The case also raises questions about the regulatory framework and the role of authorities such as FSSAI in ensuring compliance with labelling regulations. As the matter is set to be heard again on September 3, it remains to be seen how the court will ultimately rule on the issue and what implications it will have for the manufacturer and the industry as a whole.

For now, the ban on Old Monk sales in Maharashtra remains in place, and the manufacturer will have to wait until the next hearing to know the fate of its product. The decision is a reminder that consumers have the right to accurate information about the products they consume, and it is the responsibility of manufacturers and regulatory authorities to ensure that this right is protected.