The Calcutta High Court has refused to grant interim relief or stay the operation of a prohibition order issued by the Food Safety and Standards Authority of India (FSSAI) against a specific batch of “Dabur Honey”. The batch in question was manufactured on February 13, 2024, and had a “Use By” date of August 12, 2025.
Dabur India Limited, the manufacturer of the honey, had challenged the prohibition order in a writ petition, arguing that it breached the principles of natural justice and relaying on a judgment of the Jammu and Kashmir High Court. However, the court refused to grant interim relief, citing the public health implications of not taking action against the batch, which was found to be potentially unsafe for consumption.
FSSAI argued that Dabur India had not submitted the requisite documents and testing fees as part of its statutory appeal against the prohibition order, and that the recall order was issued after a risk assessment was conducted. Dabur India disputed this, producing documents annexed to the writ petition, which they claimed showed that the appeal had been filed.
The court noted that nearly six months had passed since the prohibition order was issued, and granting a stay at this stage would not serve any purpose. It also distinguished the facts of the present case from those in the Jammu and Kashmir High Court’s ruling, observing that the earlier case involved a complete halt of business operations, whereas the present prohibition was limited to a batch of honey.
The court highlighted the public health implications, stating that granting a stay would permit the petitioner to put on sale the prohibited batch without assessing the damage that might be caused to the public at large upon consumption of the prohibited batch. It refused to grant stay, directing FSSAI to file an affidavit detailing the communication regarding the appeal’s non-admission and service of the recall order, and granting liberty to Dabur India to revive its prayer for interim relief after the filing of the affidavit.