- The Delhi High Court stayed FSSAI's ban on Dabur products with certain claims.
- The court issued notices to the Union government, FSSAI, and other respondents.
- Dabur argued the ban lacked natural justice and prior notice to the company.
The Delhi High Court put on hold on Friday the Food Safety and Standards Authority of India's August 3 order prohibiting Dabur India Ltd from selling select products carrying claims including "100% Pure", "100% Natural" and "100% Organic", staying the regulator's directive until the next date of hearing.
The interim order was passed by Justice Amit Mahajan during the hearing of Dabur's petition against the regulator's directive.
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The court issued notices to the Union government, the FSSAI and other respondents, seeking their response before the next hearing.
Appearing for Dabur, the company's counsel argued that the products in question had been sold for several decades and contended that the regulator's order was issued without adhering to the principles of natural justice. The company also questioned the authority of the designated officer to impose such a prohibition in the manner adopted.
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Dabur further submitted that even in cases involving emergency prohibitory measures, the law requires that the affected party be given prior notice. In the present case, the regulator itself had not treated the matter as an emergency, making the absence of a show-cause notice procedurally untenable, the company argued.
Taking note of the submissions, the court observed that it was, prima facie, of the view that an order of such nature should not have been passed without first providing the company an opportunity to be heard.
"Considering the arguments made, this court is of the prima facie opinion that the order of such nature ought not to have been passed without hearing them first," the court said
The regulator and the Centre are expected to file their replies before the matter is taken up again.
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