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The Bombay High Court has requested a response from the Centre regarding a challenge made by beverage manufacturers against the Food Safety and Standards Authority of India (FSSAI). The challenge pertains to the FSSAI’s ban on flavored variants of certain rums and whiskies, where the regulator raised concerns over the use of added flavoring in products marketed as standardized spirits.

Representing Mohan Rocky Springwater Breweries Pvt. Ltd, which produces Old Monk Rum, senior counsel Navroz H. Seervai argued in court that the product has been sold for over fifty years and the ban was causing daily losses of nearly ₹1 crore. He emphasized that altering the label would imply admitting to a long-standing incorrect practice, asserting there have been no consumer complaints or health issues related to their products.

The division bench, led by acting chief justice Ravindra V. Ghuge, has asked the Centre to respond to the manufacturers’ plea by August 19, with the next hearing set for August 24. This follows a petition from both Mohan Rocky Springwater and United Spirits, the latter challenging the ban on its whiskey variants.

The FSSAI’s objections arose from laboratory tests that detected artificial or nature-identical flavoring substances in the drinks, claiming these masked the natural attributes of the products. Following their findings, the FSSAI prohibited sales of select rums and whiskies, including products from United Spirits and Mohan Rocky Springwater.

The core of the controversy involves the FSSAI’s regulations which mandate that standardized alcoholic beverages maintain their characteristic taste and aroma, arguing that the addition of flavoring misrepresents these products. In earlier hearings, United Spirits underscored that the practice of adding flavoring has been an industry norm for decades, questioning the regulator’s sudden enforcement of the ban without demonstrating any health risks.