Delhi HC Halts FSSAI Action Against ITC Over ‘100%’ Claims

The Delhi High Court has granted temporary relief to ITC Ltd in its dispute with the Food Safety and Standards Authority of India (FSSAI) over the use of “100%” claims on its Aashirvaad M.P. Chakki Atta.

Justice Swarna Kanta Sharma directed that ITC’s FSSAI licence should not be cancelled or suspended until the next hearing, while the court considers whether the Delhi High Court has jurisdiction to hear the matter. The case will next be heard on September 9.

The dispute concerns claims on ITC’s Aashirvaad M.P. Chakki Atta packaging and advertisements, including “100% Atta & 100% Madhya Pradesh Wheat” and “Made from 100% MP Wheat only.” FSSAI also objected to the use of “0% Maida.”

FSSAI had earlier directed ITC to remove the disputed claims and submit a compliance report. The company was warned that failure to comply could lead to suspension of its food licence.

ITC challenged the notice, arguing that the regulator’s action was premature and disproportionate. The company pointed out that the improvement notice was issued before the deadline given to it to respond to the allegations had expired. The jurisdiction issue arose after FSSAI argued that the latest improvement notice was issued by its authority in Kolkata, raising questions over whether the Delhi High Court could hear ITC’s petition.

The court also heard a separate petition by AWL Agri Business, which faces FSSAI action over claims on Fortune Soya Health Refined Soyabean Oil, including “100% Veg” and “Cholesterol Free.”