FSSAI has told the Bombay High Court that Old Monk cannot be marketed as rum because the beverage is made from neutral spirit and contains added rum flavouring.
The food regulator said its concerns extend beyond the labelling, focusing instead on the beverage's underlying composition and character.
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FSSAI's counsel told the court that the product could instead be sold as a “rum-flavoured spirit”.
The company has submitted revised labels for the product, following the court's directions.
FSSAI sought additional time to examine the changes and decide whether they comply with regulatory requirements. The matter will next be heard on September 11.
The dispute follows FSSAI action against several alcoholic beverages after laboratory tests detected external artificial or nature-identical flavouring substances.
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According to the regulator, such additives can alter or mask the characteristic taste and aroma expected of standardised alcoholic beverages.
FSSAI has cited the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018, which require standardised products such as rum and whisky to retain their defining characteristics.
The regulator has argued that adding rum flavour to a product sold as rum could therefore amount to misrepresentation.
The Bombay High Court had earlier asked the Old Monk maker to remove the phrase “7 years old blended” from its packaging, observing that the wording could lead consumers to believe the liquor had been aged for seven years.
The bench also flagged text on the label that it said was too small to be easily read.
The company's senior counsel, Navroz H. Seervai, told the court that the ban had resulted in losses of about Rs 1 crore a day over 120 days.
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