Plea in Delhi High Court says Soya milk, Almond milk are not "milk"; Challenges misbranding of plant beverages as prejudicial to dairy farmers

The Delhi High Court has issued notice in a petition alleging "misbranding" and "mislabelling" of plant-based food/beverages extracted from almond, soya, oats etc as ‘milk’ and other dairy terms like ‘paneer’, ‘curd’(dahi), ‘yoghurt’ (National Cooperative Dairy Federation of India vs FSSAI & ors)..A single-judge Bench of Justice Rekha Palli sought the response of the Food Safety And Standards Authority of India (FSSAI) and Commissioner of Food Safety for Delhi on the petition preferred by National Cooperative Dairy Federation of India (petitioner). .Notice was also issued to Hershey India which sells under brand name Sofit, Rakyan Beverages which sells under the brand name Raw Pressery, Drums Food International which sells under brand name Epigamia, and Urban Platter. These entities, the petitioner stated, are in the business of manufacturing, packaging, marketing, promoting and selling of plant-based products and beverages..The petitioner is the apex body of the co-operative dairy industry which engages in manufacturing and marketing of milk and milk product..As per the petitioner, the statutory scheme of the Food Safety Act, 2006 and its allied regulations prevent the use of the word “milk” and other dairy terms like ‘paneer’, ‘curd’(dahi), ‘yoghurt’ for any plant-based food/extracts as these do not qualify as milk, milk product or composite milk product.."Plant-based beverages are labelled as ‘Milk’ and “Milk products” on the sole premise of being WHITE OPAQUE foods. The composition of such ‘white opaque foods is primarily water mixed with plant or nut extracts thereby assuming a wholly distinct and dissimilar nature and composition to that of animal milk," the plea said. .The petitioner stated that the right to livelihood and right to freedom of trade of millions of farmers involved in dairy farming and animal husbandry is being gravely prejudiced and adversely affected by plant-based beverages manufacturing companies passing off plant-based beverages as ‘milk’,.It thus prayed that necessary steps and action should be taken against Hershey and other named entities for misbranding plant-based beverages as "milk". .The petitioner further contended that the authorities have failed to perform their statutory duties in the face of the rampant rise in the production and sale of plant-based foods/beverages as ‘milk’, in complete disregard of the statutory provisions..Senior Advocate Ciccu Mukhopadhaya with Advocates Abhishek Singh, J Amal Anand, Aashna Chawla, Kritika Chhatwal, Aakanksha Utaiah & Divya Kumra appeared for the Petitioner. .The petition was filed through Advocates Abhishek Singh and J Amal Anand. .The matter would be heard next on September 14.