Bengaluru: The Madhya Pradesh High Court has stayed an FSSAI order prohibiting the sale of certain whisky and rum products made by Associated Alcohols and Breweries (AABL), granting interim relief to the liquor maker in its dispute with the food regulator.The Indore bench observed that FSSAI’s July 29 prohibition order did not consider AABL’s detailed response to a show-cause notice issued nine days earlier, according to a court order reviewed by TOI.FSSAI had issued the notice to AABL on July 20, giving the company seven days to respond. AABL submitted its reply on July 27. However, the regulator passed the prohibition order two days later without addressing the issues raised in the company’s response, the court noted.The Union government told the court that AABL had challenged the jurisdiction of the authority that issued the notice and that these objections had not been decided. The bench, however, said it was not satisfied with the explanation.“We do not find the said contention satisfactory for not reflecting upon any of the grounds raised by the petitioner in its reply to the show cause notice,” the court said.The dispute relates to FSSAI’s objections to the labelling and flavouring of AABL’s whisky and rum products. AABL had said it was using the declaration “artificial flavour” on the labels in accordance with existing law and long-standing industry practice, and had termed the regulatory action unjustified.The case comes amid a broader dispute between FSSAI and liquor makers over the use and declaration of flavours in whisky and rum. FSSAI has argued in recent cases that the characteristic taste and aroma of these beverages should derive from their prescribed ingredients and manufacturing processes, rather than added flavours that replicate those characteristics. Liquor companies, however, have maintained that flavouring and its disclosure on labels have been permitted under the existing regulatory framework.In AABL’s case, the court also noted that the pre-packed whisky and rum products covered by the prohibition order complied with requirements under the Excise Act and related rules. It stayed the FSSAI order until the next hearing.The stay is interim and does not amount to a finding on whether AABL’s products comply with FSSAI regulations. The Union government has been directed to file its response within four weeks.
