Dabur moves Delhi High Court against FSSAI ban on "100% Fruit Juice" claim

The Delhi High Court on Wednesday issued notice to the Food Safety and Standards Authority of India (FSSAI) in response to a petition filed by Dabur challenging its notification which prohibits food business operators (FBOs) from using the"100% Fruit Juice" claim on labels and advertisements of reconstituted fruit juices. .The plea came up for hearing before Justice Sachin Datta, who issued notice and listed the matter for hearing on April 1. He orally observed that he was not inclined to grant an interim order in the first instance. However, he expressed that he will hear the case at length on Tuesday. .Reconstituted fruit juice is made by extracting juice from fresh fruits, removing water to create a concentrate, and then adding water back before packaging. This process makes transportation and storage more efficient while extending the juice’s shelf life. However, reconstituted juices may not have the same fresh taste and nutrient content as 100% fresh juices.Dabur, which makes the Real range of fruit beverages, argued that the FSSAI's directive is legally unsound and stems from a misunderstanding of the existing regulations, specifically the FSS (Food Products Standards And Food Additives) Regulations, 2011, and the FSS Claims Regulations, 2018..The company contended that its reconstituted fruit juices, including its popular Real Activ range, are manufactured using concentrated fruit juice or pulp, with water added to restore the natural composition found in single-strength juices. Dabur emphasises that no extra sugar is added during this process, and the final product retains the same fruit juice content as directly expressed juices. They assert that this manufacturing process is fully compliant with FSSAI regulations and carried out under a valid license, justifying their use of the "100% Fruit Juice" claim on their packaging.It was argued that the FSSAI's rationale for the ban – that the presence of added water makes the "100% Fruit Juice" claim misleading – is incorrect. The company contended that the water is solely used for reconstitution to natural levels and is not an additional ingredient that diminishes the fruit juice content or quality. It cited instances of other food products like reconstituted milk, where water is a major ingredient but the product is still considered equivalent to fresh milk in terms of composition..According to Dabur, the FSS Claims Regulations permit any claim that adheres to established principles, unless explicitly prohibited. The company stated that the "100% Fruit Juice" claim serves as an accurate and quantifiable indicator of the juice content and is neither expressly nor impliedly forbidden under the FSS Regulations. Dabur also highlighted that their product labels clearly indicate "reconstituted fruit juice," providing consumers with all necessary information.Dabur also argued that it had sent many representations to FSSAI on this issue and sought for extensions. However, FSSAI directed them to utilise the existing labels by March 31, 2025. While Dabur stated that it has initiated modifications to its labels under protest, it argued that the initial notification caused significant disruption in the market, with trade partners temporarily halting procurement..Dabur was represented by Senior Advocate Sandeep Sethi with Advocates Jawahar Lal and Meghna Kumar from J-Law Offices.