PTC Web Desk:  The Delhi High Court has sought responses from the Centre and the Food Safety and Standards Authority of India (FSSAI) on a petition filed by AWL Agri Business Ltd challenging notices linked to its Fortune Soya Health Refined Soyabean Oil.

The company has approached the court after receiving notices over the product’s labelling and advertising claims, including descriptions such as “100% Veg” and “Cholesterol Free – For Healthy Lifestyle.”

Court rejects jurisdiction objection

The authorities had questioned whether the Delhi High Court was the appropriate forum to hear the matter. Their argument was that AWL Agri Business is based in Gujarat and that the product is manufactured and marketed from outside Delhi.

Justice Swarana Kanta Sharma, however, held that the petition could not be rejected on the ground of territorial jurisdiction at this stage.

The court noted that the FSSAI authorities concerned are located within Delhi’s jurisdiction and that the actions directly challenged by the company were taken by FSSAI in Delhi. These actions also form the basis of the relief sought in the petition.

The court has given the authorities four weeks to file their responses. The matter has been listed for further hearing on November 5.

FSSAI issued show-cause notice

According to the petition, FSSAI issued a show-cause notice to the company on July 17, alleging violations of the Food Safety and Standards (Advertising and Claims) Regulations, 2018 and the Food Safety and Standards (Labelling and Display) Regulations, 2020.

The company was asked to explain within seven days why action should not be initiated against it under the Food Safety and Standards Act.

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On the same day, FSSAI also wrote to food safety commissioners in all states and Union Territories, directing them to ensure that products classified as “non-compliant” were not manufactured, distributed, marketed or sold in their respective jurisdictions.

Company claims product faced nationwide action

AWL Agri Business has argued that the FSSAI communication effectively placed its Fortune Soya Health Refined Soyabean Oil in the category of a non-compliant product.

According to the company, this exposed the product and its distributors, stockists, wholesalers and retailers to enforcement action across the country.

The petitioner further claimed that, during August, some of its distributors informed the company that food safety officials had visited their establishments and directed them to stop selling the product.

Following this, the company said several retailers stopped placing fresh orders and some also sought the return of stock already supplied.

The Delhi High Court will now consider the responses from the Centre and FSSAI before taking the matter forward.