The Delhi High Court has temporarily stopped the Food Safety and Standards Authority of India (FSSAI) from taking action to cancel ITC’s food licence over the use of the claim “100% Atta, 100% Madhya Pradesh Wheat, 0% Maida” on its Aashirvaad MP Chakki Atta.
Justice Swarana Kanta Sharma granted interim protection to ITC after the company challenged an FSSAI advisory restricting the use of “100%” claims on food labels, packaging and promotional material.
The court has asked FSSAI to wait until the next hearing on September 9 and has sought a response from the Ministry of Health and Family Welfare.
The dispute relates to an FSSAI advisory issued on May 28, 2025, asking food businesses to stop using the term “100%” on product labels, packaging and promotional material.
ITC challenged the advisory as well as subsequent notices issued by the regulator. The company received a show-cause notice on August 10, followed by an improvement notice on August 13. It was asked to remove certain claims from its labels, advertisements and website and submit a compliance report within 15 days.
Failure to comply could have resulted in suspension of its FSSAI licence.
ITC has argued that the advisory is arbitrary and goes beyond FSSAI’s powers under the Food Safety and Standards Act, 2006. The company has also questioned the regulatory basis for imposing a broad restriction on the use of “100%” claims.
The High Court has not yet decided whether ITC’s arguments are valid. It will first examine whether the Delhi High Court has territorial jurisdiction to hear the case, as the regulatory notices involved offices in both Delhi and Kolkata.
The parties have been asked to submit brief notes on the jurisdiction issue.
Until then, ITC remains protected from immediate licence-related action. The case could have wider implications for food manufacturers using “100%” and similar claims on packaged food products in India.
The matter will next be heard on September 9.