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Old Monk withdraws plea in Bombay High Court against FSSAI ban

The FSSAI had halted Old Monk sales after raising objections regarding its description labels.

Neha Joshi

The manufacturer of iconic rum brand Old Monk on Thursday withdrew its petition before the Bombay High Court challenging a prohibition order issued by the Food Safety and Standards Authority of India (FSSAI) that halted the sale of the beverage [M/S. Mohan Rocky Springwater Breweries Private Limited vs Union of India & Ors.].

The FSSAI had halted Old Monk sales on grounds that it did not comply with proper labeling requirements. The FSSAI said that since the beverage used added flavouring, it must be labelled as a "rum-flavoured spirit."

Mohan Rocky Springwater Breweries Ltd, which manufactures and bottles Old Monk in Maharashtra, today told the High Court that it would submit revised product labels directly to the food safety regulator for approval.

A Division Bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait M Sethna proceeded to allow the Old Monk manufacturer to withdraw its plea challenging the FSSAI's prohibition order.

Chief Justice Mahesh Chandra Tripathi and Justice Advait M Sethna

The dispute stemmed from a prohibition order passed by the FSSAI's Western Regional Office under the Food Safety and Standards Act, 2006, halting the sale and distribution of Old Monk variants produced at the company’s Khopoli facility.

The statutory regulator objected to the marketing and packaging of the beverage, asserting that it could not be sold merely under the generic classification of "rum."

According to the FSSAI, the product was formulated predominantly using neutral alcohol and added nature-identical or artificial flavourings, meaning it must legally be declared on the packaging as a "rum-flavoured spirit" under the Food Safety and Standards (Alcoholic Beverages) Regulations.

The authority also took exception to age-related descriptors such as "7 Years Old Blended" and "Very Old Vatted." The manufacturer also later agreed to modify bottle labels after the High Court questioned the accuracy of its ageing claims during a hearing in August.

The manufacturer had initially approached the High Court seeking to quash the ban, arguing that its formulations comply with applicable excise norms, are widely sold across other states. It also told the Court that the regulatory freeze on its sales had cost Maharashtra over ₹350 crore in excise revenue, apart from leaving hundreds of factory workers idle.

However, with the High Court repeatedly declining to grant an interim stay on the prohibition order and reiterating the need for transparent consumer labelling, the company chose not to press the petition on merits.

The company informed the Bench that it would align its packaging with regulatory requirements and present fresh label designs before the FSSAI to seek commercial clearance, following which the petition was disposed of as withdrawn.

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