Bombay HC to decide on FSSAI rum sales ban on Monday
Bombay HC to decide on FSSAI rum sales ban: What you need to know
Theindiapostdaily.com – Bombay HC to decide on FSSAI regulations regarding rum sales on Monday, as the high court considers petitions from major spirits manufacturers challenging the food regulator's prohibition. The Bombay high court will determine whether United Spirits Ltd and other companies can continue selling certain rum products after the Food Safety and Standards Authority of India (FSSAI) prohibited their sale over the use of rum flavouring. This landmark decision could reshape how alcoholic beverages are labelled and marketed across India.
The alcoholic beverage company that makes McDowell's No.1 Rum argued on Friday that adding rum flavouring to rum has been an industry practice for decades. United Spirits contends that the food regulator cannot suddenly stop the sale of products that have been sold for years without finding any health risk. "These products have been manufactured for over five decades…. Suddenly, they come and tell us that you can add orange flavour, you can add lime flavour, but in rum, you cannot add rum flavour because the only taste should be of the natural thing," senior counsel Birendra Saraf, representing United Spirits, said.
"These products have been manufactured for over five decades…. Suddenly, they come and tell us that you can add orange flavour, you can add lime flavour, but in rum, you cannot add rum flavour because the only taste should be of the natural thing."
A division bench of the Bombay high court, headed by Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad, clubbed the matter with a separate petition filed by Mohan Rocky Springwater Breweries Pvt. Ltd, the maker of Old Monk Rum, which is also challenging the ban. The bench will hear both petitions on Monday. This consolidation of cases demonstrates the significance of the Bombay HC to decide on FSSAI regulations that could impact multiple major spirits manufacturers simultaneously.
The FSSAI has objected to products being labelled as rum when manufacturers add rum flavouring. It has also questioned claims such as "matured in cask", arguing that products containing added rum flavouring should be labelled accordingly. The FSSAI counsel said the regulator is willing to withdraw the ban if manufacturers change the label from "rum" to a description such as "rum-flavoured spirit", "spirit flavoured with rum", or another name that clearly conveys the nature of the product to consumers.
Saraf replied that changing the label is an immense task, as the new label must be approved by the excise department, a lengthy process. The controversy stems from FSSAI's laboratory tests that found the presence of external artificial or nature-identical flavouring substances. According to the regulator, these substances masked the products' natural characteristics. Based on these findings, it prohibited the sale of specific variants of McDowell's No. 1 Rum, Antiquity Blue Whisky and Royal Challenge Whisky manufactured by United Spirits.
The prohibition also extends to select Old Monk rum variants made by Mohan Rocky Springwater Breweries, and Bagpiper Deluxe Whisky and Old Cask Deluxe XXX Rum produced by Inbrew Beverages. It also inspected Mandexi Distilleries & Breweries in Goa and issued notices to six other manufacturers in Maharashtra. The regulator cited the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018, which require standardized alcoholic beverages such as rum and whisky to possess their characteristic taste and aroma.
Frequently Asked Questions About the Rum Ban
Q: When will the Bombay HC deliver its final verdict on the FSSAI ban? A: The division bench will hear both petitions on Monday and is expected to deliver its decision shortly thereafter, though the exact date may vary depending on the complexity of arguments presented.
Q: What are the main products affected by the FSSAI ban? A: The ban affects McDowell's No. 1 Rum, Antiquity Blue Whisky, Royal Challenge Whisky, Old Monk rum variants, Bagpiper Deluxe Whisky, and Old Cask Deluxe XXX Rum among others.
Q: Can manufacturers avoid the ban by changing their labels? A: Yes, the FSSAI has indicated willingness to withdraw the ban if manufacturers change labels to descriptions like "rum-flavoured spirit" or "spirit flavoured with rum", though this requires excise department approval.
Q: Why is the age statement on Old Monk rum being challenged? A: FSSAI claims that matured rum spirit accounts for less than 5% of the blend, while the remainder comprises neutral spirit. Under regulations, the age statement of a blended spirit must correspond to the youngest spirit in the blend.
Q: How many manufacturers have been affected by this regulatory action? A: At least nine major manufacturers have been impacted, including United Spirits, Mohan Rocky Springwater Breweries, Inbrew Beverages, and Mandexi Distilleries & Breweries, with notices issued to six additional manufacturers in Maharashtra.
For more updates on this developing story, readers can follow Livemint's India news section for comprehensive coverage of legal and regulatory developments affecting the spirits industry.