Bombay HC Questions FSSAI Action Against Liquor Brands

Mumbai's Bombay High Court on Monday questioned the Food Safety and Standards Authority of India (FSSAI) over its prohibition orders against popular liquor brands McDowell's No. 1 Celebration Matured Rum and Old Monk.

A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was hearing petitions filed by liquor manufacturers United Spirits Ltd and Mohan Meakin Ltd challenging the orders issued by FSSAI following inspections of their manufacturing units.

The manufacturers argued that the dispute appeared to be more about labelling than the quality or safety of the products. Senior advocate Birendra Saraf, appearing for United Spirits, said the company had not been given a proper hearing before the prohibition order was issued.

The bench questioned whether regulatory action could be triggered merely because a consumer raised a complaint about the quality of liquor. Senior advocate Navroz Seervai, appearing for Mohan Meakin, said he could demonstrate from the record that the company's product was compliant with the prescribed standards.

The petitioners said FSSAI had allowed existing stocks to be sold after relabelling them as 'Rum Flavoured Spirit', while prohibiting the manufacture and sale of fresh stocks. The manufacturers contended that changing the labels could not be done immediately as liquor labels require approval from the State Excise Department.

FSSAI's counsel submitted that the regulator's concern was to ensure proper labelling. FSSAI has alleged that the products contain unauthorised artificial or nature-identical flavouring agents and that their labelling could mislead consumers.

The manufacturers, however, contended that the Food Analyst had not found the products unsafe or harmful to consumers, nor held that they failed to meet prescribed standards for rum.

The court directed the Union government to file its reply and observed that the issue was not on quality but on labelling. The petitioners have also challenged the authority of the FSSAI officer to issue the prohibition orders.

The Bombay High Court's decision will have significant implications for the liquor industry in India. The case highlights the importance of proper labelling and the need for regulatory clarity.

In recent years, there have been several instances of regulatory action against liquor manufacturers in India. The FSSAI has been cracking down on manufacturers who do not comply with food safety standards.

The Bombay High Court's decision will be closely watched by the liquor industry and consumers alike. The court's observation that the issue is not on quality but on labelling suggests that the FSSAI's action may have been premature.

The case is likely to have far-reaching implications for the liquor industry in India. The court's decision will provide clarity on the regulatory framework and the need for proper labelling.

In conclusion, the Bombay High Court's decision to question the FSSAI's action against McDowell's and Old Monk rum is a significant development in the case. The court's observation that the issue is not on quality but on labelling suggests that the FSSAI's action may have been premature. The case highlights the importance of proper labelling and the need for regulatory clarity.