The Delhi High Court has temporarily relieved ITC Ltd from the Food Safety and Standards Authority of India (FSSAI) actions concerning the company’s use of “100%” claims on its Aashirvaad M.P. Chakki Atta. During a recent hearing, Justice Swarana Kanta Sharma instructed FSSAI to refrain from canceling or suspending ITC’s FSSAI licence pending further review.

This decision came while the court considered ITC’s petition against several advisories and notices issued by the food regulator. The court emphasised that no action will be taken on the potential cancellation of the licence until the jurisdictional matter surrounding the case is resolved. A subsequent hearing is scheduled for September 9.

Dispute Related to ‘100%’ Claims

The current legal dispute centres around claims made by ITC on its Aashirvaad M.P. Chakki Atta product. FSSAI has mandated the company to eliminate references to “100%” from product labels, packaging, and advertising. Specifically, the regulator challenged the assertions “100% Atta” and “100% Madhya Pradesh Wheat” found on the product label, as well as the phrase “Made from 100% MP Wheat only” in advertisements.

Additionally, FSSAI raised concerns regarding the use of “0% Maida” to assert that the product does not contain refined flour. The regulatory authority issued its advisory to food businesses in May 2025, demanding the cessation of “100%” claims on all food-related marketing material.

Following this, on August 10, FSSAI sent a notice to ITC requiring clarification within 30 days as to why no punitive measures should be initiated against the company for ignoring the advisory. Just three days later, however, the Central Licensing Authority in Kolkata issued an improvement notice ordering ITC to rectify the contested claims and submit compliance documentation within 15 days, warning of potential suspension of its FSSAI licence for non-compliance.

ITC Challenges FSSAI Notices

In response to these developments, ITC approached the Delhi High Court, arguing that the improvement notice had been issued prior to the expiration of the 30-day response window. The company claimed that this notice effectively functioned as a final order prohibiting the contested claims.

ITC further contended that the notice lacked substantial justification and demonstrated a failure to apply appropriate reasoning. The company asserted that the threat of licence suspension was unjust and excessively punitive. During the proceedings, FSSAI’s counsel raised questions about whether the Delhi High Court had the jurisdiction to hear ITC’s case, noting that the latest notice was issued in Kolkata.

As the court deliberated on jurisdictional concerns, it also considered a distinct petition filed by AWL Agri Business Limited in relation to similar regulatory issues. The company had received notices pertaining to alleged misleading claims associated with its Fortune Soya Health Refined Soyabean Oil, including terms like “100% Veg” and “Cholesterol Free – For Healthy Lifestyle.” Justice Sharma indicated that a ruling regarding the maintainability of AWL Agri Business’s petition would be issued on August 31.

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