Petition against ban on sale of Fortune Soya refined oil

New Delhi:- The Delhi High Court has sought response from the Centre and FSSAI on a petition challenging the show cause notice banning the manufacture and sale of 'Fortune Soya Health Refined Soyabean Oil'.
It is noteworthy that the petitioner AWL Agri Business Limited had received notices from the Food Safety and Standards Authority of India for the claims of its product 'Fortune Soya Health Refined Soyabean Oil' being "100% veg" and "cholesterol free - for a healthy lifestyle".
The partner authorities opposed the merits of the petition on the ground of territorial jurisdiction and argued that no cause of action arises within the territorial jurisdiction of the Delhi High Court as the company is located in Gujarat and the product is manufactured and marketed from outside Delhi.
However, Justice Swarna Kanta Sharma ruled that the petition cannot be considered to lack territorial jurisdiction and the primary actions which are directly challenged by the petitioner were taken by FSSAI in Delhi and form the basis of the relief sought in the petition. The High Court said in its order on Monday, “Both respondent Nos. 3 and 4 (FSSAI) are authorities situated within the territorial jurisdiction of this court. Thus, so far as the main relief sought in the petition is concerned, the persons and authorities against whom the writs are sought fall within the jurisdiction of this court."
The court asked the authorities to file their replies within four weeks and listed the matter for further hearing on November 5.
According to the petition, on July 17, FSSAI issued a show-cause notice to the petitioner alleging violation of the Food Safety and Standards (Advertisement and Claims) Regulations, 2018 and the Food Safety and Standards (Labeling and Display) Regulations, 2020 and asked it to explain within seven days why action should not be initiated under the Food Safety and Standards Act.
On the same day, FSSAI issued a letter to the Food Safety Commissioners of all states and union territories directing them to ensure that the products described as "non-conforming products" are manufactured, distributed, Not to be marketed or sold.
The petitioner said that the letter effectively treated 'Fortune Soya Health Refined Soybean Oil' as a "non-conforming product" and exposed it and its distributors, stockists, wholesalers and retailers to enforcement action across India.
It said that in August the petitioner received communications from some of its distributors that food safety officials had visited their establishments and directed them to stop the sale of the product, following which the retailers refused to place fresh orders and demanded the return of existing stock.