MP High Court stays FSSAI ban on whisky, rum; 11 TASMAC brands cleared

The Madhya Pradesh High Court blocked a Food Safety and Standards Authority of India (FSSAI) order that restricted the sale of pre-packaged whisky and rum made by Associated Alcohols and Breweries Limited at its Khargone district facility. A division bench of Justices Subodh Abhyankar and Alok Awasthi issued the interim stay on August 6 while hearing a plea from the distiller, court records show.

The court put the FSSAI's July 29 prohibition order on hold until the next hearing scheduled for September 7. The bench observed that the regulator issued the restriction without considering the company's response to the show-cause notice it had received.

The FSSAI's original order cited a preliminary lab report indicating the product labels disclosed the use of "added nature identical and artificial (rum) flavouring substances," which the agency argued did not meet prescribed standards. Associated Alcohols and Breweries countered that the use of extra neutral alcohol (ENA) with permitted flavors and colors is allowed under Madhya Pradesh's excise regulations. The company also questioned FSSAI's authority, arguing the state government holds sole jurisdiction over liquor manufacturing.

Senior advocate Piyush Mathur, appearing for the company, told the court the firm received the show-cause notice on July 20 and submitted its detailed response by July 27, well within the deadline. He said the prohibition order issued July 29 made no mention of the company's response. Additional Solicitor General Sunil Jain, representing the Centre, submitted that the authority had not addressed the company's preliminary jurisdictional objections. The bench rejected that argument.