Source : INDIA TODAY NEWS
Old Monk lovers in Maharashtra may have to wait longer to see the iconic rum back on shelves after the Bombay High Court refused to grant an immediate interim stay on a sales prohibition order issued by the Food Safety and Standards Authority of India (FSSAI).
The dispute centres on the labelling and composition of Old Monk, with the food safety regulator objecting to claims made on the packaging as well as the use of artificial flavouring in the spirit.
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A Bench comprising Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad took strong exception to descriptors such as “7 years old blended” and “very old vatted” printed on Old Monk bottles.
The court observed that such wording could lead ordinary consumers to believe that the entire spirit in the bottle had been aged for seven years.
“You are misleading the public. 7 years old means 7 years old!” Acting Chief Justice Ghuge remarked during the hearing.
Senior Advocate Navroz Seervai, appearing for manufacturer Mohan Rocky Springwater Pvt Ltd, argued that statutory rules distinguish blended spirits and provide for appropriate disclosures on labels.
The Bench, however, questioned whether ordinary consumers would be able to understand such technical distinctions.
“How we wish every citizen of this country was so educated to understand all this!” the Bench remarked.
The judges also examined the packaging of an Old Monk bottle in open court, particularly the disclosure regarding added flavourings.
Ghuge said the information was difficult to locate because it appeared in extremely small print.
“I used my magnifying glass, I could not find it. I tried to look at it at every corner, I didn’t find it,” he said.
FSSAI OBJECTS TO FLAVOURING, LABELLING
FSSAI has halted the sale of Old Monk in Maharashtra over what it described as non-compliant labelling and misleading age-related claims.
According to the regulator, adding artificial flavourings to neutral spirits alters the natural characteristics of rum and raises questions over whether the resulting product can be marketed as rum.
Defending the company, Seervai argued that FSSAI rules permit the use of approved flavouring additives in neutral spirits. He also submitted that the ingredients and relevant information were disclosed on the packaging.
The lawyer further alleged that Old Monk was being selectively targeted even though competing brands were using similar manufacturing processes without facing comparable action.
Additional Solicitor General Anil Singh, appearing for the authorities, opposed the plea. He argued that the characteristic taste and aroma of rum must naturally originate from sugarcane fermentation.
According to the submission, if neutral spirits constitute the bulk of the beverage, while actual rum spirit accounts for only around 2 to 5 per cent, marketing the product as pure rum could mislead consumers.
OLD MONK MAKER AGREES TO CHANGE LABELS
At the September 3 hearing, the manufacturer submitted revised labels for Old Monk to the Bombay High Court after agreeing to remove the disputed “7 years old blended” description and make the disclosure about added flavourings more prominent.
However, the matter was not resolved. FSSAI sought additional time to examine the revised labels and consider whether they comply with the regulator’s requirements.
The food safety regulator also maintained that Old Monk cannot be sold as rum in its current form because the product is made using neutral spirit and rum flavouring. FSSAI argued that it could instead be marketed as a “rum-flavoured spirit.”
The court has asked the authorities to consider the revised packaging, while the state excise department has also been asked to examine the modified label and expedite the approval process.
The Bombay High Court will hear the matter next on September 11.
– Ends
SOURCE :- TIMES OF INDIA
