Karnataka HC allows these firms to use Ashwagandha leaf in health supplements despite FSSAI ban

The Karnataka High Court recently stayed an advisory restricting the use of Ashwagandha in food and health supplements, in so far as eight companies that have challenged this restriction are concerned [Sami-Sabinsa Group Ltd & Ors v Union of India & Ors].

On April 16, the Food Safety and Standards Authority of India (FSSAI) issued a directive clarifying that only Ashwagandha roots and root extracts can be used in food and supplements.

It added that the use of Ashwagandha leaves are not permitted in any form. A similar directive was also issued by the Union Health Ministry a day earlier.

This was challenged before the High Court by the US-based Kerry Group, its Indian arm which is based out of Bengaluru, and some Indian companies, namely the Sami-Sabinsa Group Ltd, K Patel Phyto Extractions Pvt Ltd, SA Herbal Bioactives LLP, Sakti Naturals Pvt Ltd, Unicorn Natural Products Pvt Ltd, OmniActive Health Technologies Ltd and Konark Herbals and Healthcare Pvt Ltd.

On May 12, a vacation Bench comprising Justice SR Krishna Kumar stayed the advisory and directive in so far as these petitioners were concerned.

"The impugned Advisory dated 16.04.2026 and the impugned Directive dated 15.04.2026 issued by respondent Nos.1 (FSSAI) and 2 (Health Ministry) respectively, are hereby stayed only insofar as it relates to the petitioners in W.P .No.14990/2026 (Sami Sabinsa and others) and W.P .No.15010/2026 (Kerry Group) are concerned, till the next date of hearing," the Court said.

The matter is scheduled to be heard next on June 8, 2026. The Court clarified that the Central government and the FSSAI may move applications to vacate or modify this interim stay order, if needed, before then.

The petition was filed by companies who are engaged in manufacturing products containing Ashwagandha.

Ashwagandha is an Ayurvedic herb that is commonly used in food or health preparations, with the goal of reducing stress or anxiety.

It is classified as a permissible item for food preparations under Schedule-IV of the Food Safety and Standards (Health Supplements, Nutraceuticals, Food for Special Dietary Use, Functional Food and Novel Food) Regulations, 2016.

However, a recent FSSAI advisory stated that only Ashwagandha roots and root extracts are permitted to be used in this manner, within prescribed limits.

“It is clarified that the use of Ashwagandha leaves in crude or extract or any other form is not permitted under the said (2016) regulations," the advisory added.

The petitioners contended that the advisory violated the Food Safety and Standards Act, 2006. They argued that the 2016 regulations would have to be amended before an advisory could be issued to restrict Ashwagandha. A simple advisory is not sufficient, they contended.

The petitioner companies added that they had been manufacturing their product with the leaves of the Ashwagandha plant for over 30 years. The advisory would affect their right to carry on trade or business under Article 19 (1) (g) of the Constitution, they said.

The petitioners (Sami Sabinsa Group and others) were represented by a team from Kochhar & Co. comprising advocates Mayur Shetty, Rushil Mathur, Rajarshi Chakrabarti, and Sameena Jahangir. Their petition was filed through advocate Sundara Raman MV.

Kerry Inc's petition was filed through advocate Christopher E.

Advocate Anuparna Bardoloi appeared for the Union government, the FSSAI and the Ministry of Health.