Bombay HC to hear liquor makers’ challenge to FSSAI orders

MUMBAI: The battle over what’s in a bottle is heading back to court. The Bombay High Court will on Monday hear petitions by leading liquor makers challenging action by the Food Safety and Standards Authority of India (FSSAI) that has effectively halted the sale of several Indian-Made Foreign Liquor (IMFL) products over labelling and manufacturing concerns.

Among the companies challenging the orders are United Spirits, maker of McDowell’s No. 1, and Mohan Meakin, known for Old Monk rum.

At the heart of the dispute is FSSAI’s objection to the use of artificial or nature-identical flavours in certain rum and whisky products. The regulator argues that products containing such flavours should not be marketed simply as “rum” or “whisky”, but should instead carry descriptions such as “rum-flavoured spirit” or “whisky-flavoured spirit”.

FSSAI has also raised concerns over labels claiming that spirits have been “matured in cask” when a significant portion of the alcohol is neutral spirit that has not undergone ageing.

The regulator has maintained that any age statement on a blended spirit should reflect the youngest spirit used in the blend.

During a hearing on Friday, a bench comprising Bombay High Court acting chief justice Ravindra Ghuge and justice Gautam Ankhad observed that an abrupt halt in sales could have wider consequences for manufacturers, distributors and consumers.

“We agree that everything can’t be shut down overnight,” the bench remarked.

At the same time, the court said judges could not determine technical questions relating to the manufacture, testing or marketing of alcoholic spirits.

The bench directed additional solicitor general Anil Singh to appear at the next hearing after obtaining instructions from FSSAI. The matter has been listed for Monday.

United Spirits argued that FSSAI’s directions could disrupt a substantial part of the IMFL industry because similar production practices have been followed by manufacturers for decades.

Senior advocate Birendra Saraf, appearing for United Spirits, told the court that rum is commonly produced by blending matured rum concentrate with neutral spirit. Flavouring, he said, can also be used to maintain consistency in taste across batches.

The company also argued that changing labels at short notice is difficult because revised packaging must first be approved by the relevant state excise authorities.

FSSAI has clarified that it is not seeking to ban the products outright. Its position is that manufacturers must accurately disclose what consumers are buying.

The regulator argues that if rum or whisky flavour is added to a spirit, selling it simply as “rum” or “whisky” without making that distinction could mislead consumers.

The Bombay High Court’s hearing on Monday is therefore expected to focus on how the regulator’s requirements can be implemented without abruptly disrupting the industry’s existing supply and sales chain.