Mumbai: The Bombay High Court on Monday granted no urgent interim stay on an order of the Food Safety and Standards Authority of India (FSSAI) prohibiting sale of a rum, but directed the company to submit a fresh design for its label next month for a review. On Monday, the maker of Old Monk rum said it would change the label, after the FSSAI, on scrutinizing it, had stopped its sales in Maharashtra.The HC also orally said the fine print about the added flavours was unreadable and passed no order for the rum maker to cheer about. The judges examined the box in court. The HC orally said it was of a prima facie view that on some aspects, the company was right, and on some, it wasn’t. “So, in this situation, we cannot grant you the relief,” it said.Mohan Rocky Springwater Pvt Ltd, the maker, had moved the HC to challenge a notice issued by the FSSAI and sought to halt sale of the drink in the state. HC Acting Chief Justice RV Ghuge and Justice Gautam Ankhad also orally took exception to the packaging and label that speaks of ‘7 years old blended’ and ‘very old vatted’.Senior counsel Navroz Seervai, representing the company, said the label did distinguish blended spirits under the law.The label could mislead ordinary consumers into thinking the spirit was aged that long, the HC said. The ACJ said orally, “7 years old is 7 years old…’’ before adding, “how we wish every citizen was so educated to understand (the blend distinction).”With sales on hold in the state, the manufacturer undertook to modify the label and packaging and description, and display the ‘added flavours’ prominently.The contents were a mix of neutral spirits with artificial flavourings instead of naturally fermented sugarcane, the central government authority argued.For the FSSAI, additional solicitor general Anil Singh argued that rules require naturally fermented sugarcane for the taste and aroma, while Seervai submitted that the rules permit neutral spirits with approved flavouring additives. The label displays all ingredients and Seervai argued that its clinet was being targeted, not its competitors.The manufacturer said the age claims would be dropped from its labels, which would now clearly mention the use of added flavourings on future bottles. The HC will hear the matter next on Sep 3.
