PIL in Madras High Court challenges ban on using the word ‘water’ to sell non carbonated water-based beverages

The Madras High Court on Monday ordered notice to the Food Safety and Standards Authority of India (FSSAI) on a public interest litigation petition challenging its January 12, 2023 circular which states that non carbonated water-based beverages should not be sold, projected as ‘water’ in any form, be it in the name of the product or label or through advertisements.

The Madras High Court on Monday ordered notice to the Food Safety and Standards Authority of India (FSSAI) on a public interest litigation petition challenging its January 12, 2023 circular which states that non carbonated water-based beverages should not be sold, projected as ‘water’ in any form, be it in the name of the product or label or through advertisements.

Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu ordered notice to the FSSAI and insisted on it filing a counter affidavit by July 24 to the PIL petition filed by Navill H. Motha who claimed to be the president of the International Herbal Water Foundation. The petitioner’s counsel, Kaushik N. Sharma argued that it was unreasonable to prevent the use of the word ‘water’ by herbal water sellers.

The FSSAI’s circular, issued to Commissioners of Food Safety in all States and Union Territories as well as the Regional Directors of FSSAI, stated that the Food Safety and Standards (Food Products’ Standards and Food Additives) Regulation, 2011 ,had specified the standards required for non carbonated water-based beverages (non-alcoholic). Therefore, the officials were instructed to implement the regulation scrupulously.

The Regional Directors were directed to ensure that the water used in non carbonated water-based beverages conformed to the standards prescribed for either packaged drinking water or mineral water and that they contain only permitted ingredients such as sugar, liquid glucose, dextrose monohydrate, invert sugar, fructose, honey, salt, fruits, flowers, vegetables, herbs, spices and so on.

The officers were further instructed to scrutinise all licences issued for non carbonated water-based beverage and ensure “that the product is not being represented as ‘water’ in any form, be it in the name of the product or label or through advertisement or representation by any means.”