The government said such claims are “misleading”, “deceptive” and harm consumer trust.
New Delhi – The Central Government has told the Delhi High Court that food companies cannot use the label ‘100% fruit juice’ on their products, as this term is not recognised or permitted under Indian food laws. The government said such claims are “misleading”, “deceptive” and harm consumer trust.
ALSO READ: Dabur Moves To Delhi HC Against Patanjali for Disparaging Chyawanprash Ads
In a joint affidavit filed last week, the Ministry of Health and Family Welfare and the Food Safety and Standards Authority of India (FSSAI) made it clear that under the Food Safety and Standards (Advertising and Claims) Regulations, 2018, using the term ‘100%’ for fruit juices is not allowed.
This reply was submitted in response to a case filed by Dabur India Ltd, a major FMCG company, which challenged the FSSAI’s June 3, 2024 directive asking food business operators (FBOs) to remove such labels and advertisements from their fruit juice products.
ALSO READ: Dabur vs Patanjali: Case In High Court Against Patanjali Over Misleading Chyawanprash Ad
Dabur, which sells the popular ‘Real’ brand of fruit juices, had used the label ‘100% fruit juice’ on its packaging. However, the FSSAI objected, pointing out that Dabur’s ingredient list showed that the product contained water and fruit juice concentrate, not pure juice.
In its 29-page affidavit, the Centre stated:
“The continued use of the impugned expression ‘100 fruit juice’, which lacks statutory recognition and has been opined to be misleading by the competent scientific panel, shall result in public deception, regulatory dilution and erosion of consumer trust.”
The government further argued:
“Such usage not only lacks statutory sanction but also constitutes a direct infraction of various provisions aimed at safeguarding consumer interests and ensuring truthful representations in food labelling and advertising.”
The affidavit also said that the label ‘100% fruit juice’ is:“inherently misleading”, as it creates confusion in the minds of consumers and goes against the rules of “fair disclosure” under food law.
The FSSAI’s directive on June 3 came after its scientific panel on labelling and claims/advertisements reviewed the matter. The panel noticed that even though the label said ‘100% fruit juice’, the actual ingredients included water and concentrates—which means the product is not pure juice.
The government said Dabur was trying to focus on quantitative claims (like “100%”) instead of the real quality of the product.
The affidavit noted:
“The attempt by the petitioner to read into the said regulations a numerical claim, not expressly sanctioned therein, amounts to an impermissible exercise in interpretative expansion and is contrary to the legislative intent.”
Dabur approached the High Court to quash the FSSAI directive, saying it violated the company’s fundamental right to carry on trade and business. Dabur also claimed the order was causing branding losses and operational difficulties.
However, on April 2, the High Court refused to give any interim relief to Dabur. The Centre’s lawyer Premtosh Kumar Mishra told the court:
“The law does not permit food business operators to use the term ‘100%’ in the labelling, advertising, or marketing of food products, including fruit juices.”
He added:
“Any such claim lacks statutory recognition.”
The Centre firmly stated that Dabur:
“does not have a vested right to continue a labelling practice that is not permitted or recognised under the applicable regulations.”
The matter is now scheduled to be heard again on July 7, when the High Court will further examine the legality of using terms like ‘100% fruit juice’ in food product labelling.
