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The Delhi High Court has issued a stay on an order from the Food Safety and Standards Authority of India (FSSAI) that previously prohibited Britannia Industries from featuring specific health claims on its NutriChoice Millets Cookies. The contested claims included labels such as 'no added sugar', 'no maida', and 'no palm oil' on both product packaging and associated advertisements.
Justice Amit Mahajan, presiding over the case, clarified that these factual statements do not constitute advertising that unfairly undermines competitors or improperly influences consumer behavior in a way that violates existing regulations. The court highlighted that Britannia has already committed to manufacturing the product without the '100% millets' claim, which was a point of contention in earlier proceedings.
The legal dispute arose after Britannia challenged an FSSAI directive dated October 9, 2026, which mandated the removal of the specific ingredient claims. The company argued that the regulator's instructions were based on flawed factual premises and lacked a reasoned justification. Britannia further contended that it never agreed to withdraw the three claims during a personal hearing held on October 7.
According to the petitioner, stating 'no maida' and 'no palm oil' represents a truthful disclosure of ingredients used, which is permissible under the Food Safety and Standards (Advertising and Claims) Regulations of 2018. Britannia also raised concerns regarding the FSSAI's conduct, noting that the regulator had circulated a notice in September to licensing authorities and digital platforms seeking the removal of ads before the company had even been given a formal hearing.
Representing Britannia, Senior Advocate Sandeep Sethi, alongside a legal team including Rajesh Batra and others, successfully argued for the stay. While the court allowed the 'no palm oil' and other ingredient claims to remain, it upheld the restriction against the '100% Millets' branding.
Source: Bar and Bench