Old Monk, McDowell Rum Manufacturers Moves Bombay High Court Against FSSAI Order Prohibiting Sale
Here's what's trending across India right now:
Listen to this Article After the Food Safety and Standards Authority of India (FSSAI) prohibited the manufacture and sale of fresh stocks of McDowell's No. 1 Celebration Matured Rum and Old Monk, their manufacturers have approached the Bombay High Court challenging the validity of the prohibition orders.
Adding to this, A Division Bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad on Friday agreed to hear petitions filed by United Spirits Limited, manufacturer of McDowell's No. 1 Celebration Matured Rum, and Mohan Meakin Limited, which manufactures Old Monk.
Meanwhile, Appearing for United Spirits, Senior Advocate Dr. Birendra Saraf submitted that while the FSSAI had prohibited the manufacture and sale of fresh stocks, it had permitted clearance of existing stocks only after relabelling them as "Rum Flavoured Spirit." He argued that such relabelling could not be undertaken overnight as it would require removal of existing labels and approval of fresh labels from the State Excise Department.
Notably, While agreeing to hear the matters on Monday (August 10) the bench opined that 'everything' cannot be shutdown overnight but clarified that it is not an expert to decide anything on this without hearing both the sides and thus, adjourned the hearing for the ASG to appear on behalf of the FSSAI.
As per the latest buzz, The petition of McDowell No 1 has challenged a June 29, 'Prohibition Order' and a July 27 'Conditional Prohibition Order' issued by the Designated Officer, FSSAI, Western Regional Office prohibiting the manufacturing and sale of their product which is manufactured at their licensed unit in Baramati, Pune.
In further updates, By t he Conditional Prohibition Order the FSSAI has permitted the petitioner to clear its identified existing stocks subject to relabelling conditions, however the prohibition continues against sale of fresh stocks of their product.
On top of that, Notably, the FSSAI had passed the impugned orders after inspecting the petitioner's unit in Baramati and allegedly found misleading labelling, substandard composition, and the unauthorised use of artificial flavouring agents.
"The row arises from certain observations recorded by the Food Analyst relating to the Product's label. Significantly, the Food Analyst has not recorded any finding that the Product is unsafe for human consumption, fails to conform to the prescribed compositional standards for rum, or poses any risk to public health. Even otherwise, the Product conforms to the applicable requirements prescribed under the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018, and no contravention of the prescribed compositional standards has been recorded against the Product. Thus, even the underlying basis of the Impugned Orders does not disclose any non-compliance with the applicable product standard warranting prohibition," the petition reads.
Source: Live Law