Supreme Court upholds Bombay HC judgment on FSSAI product approval advisory

The Supreme Court of India today upheld the judgment of Bombay High Court dismissing the product approval mechanism introduced by Food Safety and Standards Authority of India (FSSAI) and its authority to issue advisories without resorting to the procedure of framing regulations as prescribed under the FSSA Act. The judgment came after examining the plea filed by FSSAI in Supreme Court questioning the judgment of Bombay high court and to clarify its access to product approval system.

The legality and validity of product approval system was cancelled by Bombay high court in its final judgement on August 1, 2014. The final ruling reads “the Food Authority did not have power and authority to issue these Advisories without following the procedure laid down of placing the Advisories/Regulations before both the Houses of Parliament.”

The petition was first filed by Vital Nutraceuticals Pvt Ltd and Indian Drug Manufacturers’ Association (IDMA) in December 2013 questioning the authority of FSSAI to issue advisories and implementing them without placing it before the houses of Parliament. In a recent notification FSSAI has extended the deadline till February 4, 2016 for Food Business Operators (FB0s) to obtain license/registration under the same advisory, which is under legal dispute.

Sandeep Gupta, Vice Chairman, IDMA Nutraceutical Subcommittee and Joint Action Committee Member of Confederation of All-India Traders (CAIT), said “In the decision, the Supreme Court today confirmed the judgment of the High Court of Bombay which had held that the FSSAI does not have the power to issue advisories without resorting to the procedure of framing regulations as prescribed under the FSSA Act.”