NEW DELHI: The Delhi high court on Tuesday directed the Food Safety and Standards Authority of India (FSSAI) not to cancel ITC Ltd’s licence for now over its alleged failure to comply with directions to remove “100%” claims from the packaging and advertisements of its Aashirvaad M.P Chakki Atta.Justice Swarana Kanta Sharma granted interim protection to ITC while hearing its plea challenging FSSAI advisories and notices directing the company to discontinue use of the term “100%” for the product or face suspension of its FSSAI licence.“Since the issue regarding jurisdiction is to be decided and the courts will be closed, till the next date of hearing, no decision regarding cancellation of the license will be taken,” the court said, listing the matter for September 9.The judge also said she would pass an order on August 31 on the maintainability of a separate plea filed by AWL Agri Business Ltd against FSSAI.AWL had received FSSAI notices over allegedly misleading label declarations and claims, including “100% Veg” and “Cholesterol Free – For Healthy Lifestyle”, on its Fortune Soya Health Refined Soyabean Oil.During Tuesday’s hearing, FSSAI’s counsel questioned the maintainability of ITC’s petition before the Delhi High Court, arguing that the latest improvement notice had been issued in Kolkata.In May 2025, FSSAI had advised food business operators to discontinue the use of “100%” on food labels, packaging and promotional material.On August 10, the food regulator issued a fresh notice to ITC asking it to explain within 30 days why action should not be taken for allegedly failing to comply with the advisory. It said claims such as “100% Atta & 100% Madhya Pradesh Wheat” on the product label and “Made from 100% M.P Wheat only” in an advertisement were misleading and impermissible under regulations.Three days later, the Central Licensing Authority in Kolkata issued an improvement notice directing ITC to remove the claims “100% Atta & 100% Madhya Pradesh Wheat” and “0% Maida” from all labels and advertisements for Aashirvaad M.P Chakki Atta.The notice gave ITC 15 days to submit a compliance report, failing which its FSSAI licence could be suspended.ITC told the high court that the improvement notice had been issued even before the expiry of the 30-day period granted to it to respond to the allegations, effectively making it a final prohibition order.The company also alleged that the notice was non-speaking and issued mechanically, without due application of mind, and that the threat of licence suspension was arbitrary and disproportionate.
