Centre to Delhi HC: Dabur’s ‘100% fruit juice’ label misleading, illegal

New Delhi: The Centre has told the Delhi high court that the label ‘100% fruit juice’ used by food business operators (FBO) is neither recognised nor permitted under laws as it amounts to deceiving, misleading and eroding consumer trust.

In a joint affidavit filed before the high court last week, the union government — represented by the ministry of health and family welfare and the food safety and standards authority of India (FSSAI) — said that the Food Safety and Standards (Advertising and Claims) Regulations, 2018, do not permit the use of the expression ‘100%’ in relation to fruit juices.

The affidavit was submitted in response to a petition filed by FMCG major Dabur, challenging the FSSAI’s June 3, 2024, directive instructing FBOs to remove such claims from the labels and advertisement of fruit juices. Dabur, which manufactures the Real brand of fruit juices, used the label ‘100% fruit juice’ on its packaging.

The FSSAI objected to this label, noting that the ingredient list showed the addition of water and mixed fruit juice concentrate, and that such labelling lacked statutory backing.

Opposing Dabur’s petition, the Centre in its 29-page affidavit said, “The continued use of the impugned expression ‘100 fruit juice’, which lacks statutory recognition and has been opined to be misleading by the competent scientific panel, shall result in public deception, regulatory dilution and erosion of consumer trust.”

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Such usage, it added, “not only lacks statutory sanction but also constitutes a direct infraction of various provisions aimed at safeguarding consumer interests and ensuring truthful representations in food labelling and advertising.”

The expression was held to be “inherently misleading” that creates confusion in the minds of consumers and violated principles of “fair disclosure” envisaged under the applicable law, said the affidavit filed on April 22.

FSSAI’s June 3 directive followed observations by a scientific panel on labelling and claims/advertisements, which noted that despite the “100% fruit juice” claim on the label, the ingredient list included water and fruit concentrates.

The affidavit termed Dabur’s attempt to use terms that quantified its product, rather than describing its inherent quality, as misplaced and inconsistent with the objectives of the regulatory provisions.

Further, it added, “The attempt by the petitioner to read into the said regulations a numerical claim, not expressly sanctioned therein, amounts to an impermissible exercise in interpretative expansion and is contrary to the legislative intent.”

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The matter is listed for hearing on July 7.

Dabur approached the court seeking to quash the FSSAI notification, claiming it violated its fundamental right to carry on trade or business and was causing operational hardships and branding losses.

On April 2, the high court declined to grant any interim relief, after the Centre’s counsel, Premtosh Kumar Mishra, argued that the law does not permit food business operators to use the term ”100%” in the labelling, advertising, or marketing of food products, including fruit juices.

He said that any such claim lacks statutory recognition.

The Centre further told the court that Dabur does not have a vested right to continue a labelling practice that is not permitted or recognised under the applicable regulations.