Delhi High Court allows Britannia to use ‘no added sugar, no maida, no palm oil’ claim on biscuit packs

The Delhi High Court on Friday stayed an order passed by the Food Safety and Standards Authority of India (FSSAI) restraining Britannia from mentioning 'no added sugar', 'no maida' and 'no palm oil' on the packaging and advertisements of its NutriChoice Millets Cookies.

Justice Amit Mahajan said that these claims cannot be alleged to be an advertisement undermining the product of other manufacturers or influence the consumers’ behaviour in violation of the regulations. 

The Court also noted that Britannia has already agreed to manufacture the product without the claim “100% millets”. 

“The impugned order dated 09.10.2026, is stayed. The petitioner, as noted above, can produce and market its product, however, without the claim “100% Millets”,” the Court said. 

Justice Mahajan passed the order while dealing with a plea filed by Britannia against the FSSAI order asking it to remove claims regarding no added sugar, maida or palm oil. 

Britannia argued that the directions are based on an incorrect factual premise and were issued without a reasoned decision. It contended that it never committed to withdrawing the three claims during a personal hearing on October 7.

It argued that “no maida” and “no palm oil” are factual statements about the ingredients used in the product and are not prohibited under the Food Safety and Standards (Advertising and Claims) Regulations, 2018.

Britannia also said that FSSAI circulated the September notice to licensing authorities, e-commerce platforms and social media platforms, seeking legal action and removal of advertisements before the company was even heard.

Senior Advocate Sandeep Sethi with advocates Rajesh Batra, Sonia Kukreja, Rohit Chandra, Dhruba Dhar, Sadhika Kochhar, Krisna Gambhir and Shreya Sethi appeared for Britannia.

[Read Order]