Bombay High Court Questions FSSAI Ban on McDowell's Rum and Old Monk
On Monday, August 10, 2026, the Bombay High Court in Mumbai questioned the Food Safety and Standards Authority of India (FSSAI) over prohibition orders issued against popular liquor brands McDowell’s No. 1 Celebration Matured Rum and Old Monk. A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad observed that the dispute appeared to be centered on product labelling rather than quality or safety concerns.
The court was hearing petitions filed by liquor manufacturers United Spirits Ltd and Mohan Meakin Ltd, who challenged the prohibition orders issued by FSSAI following inspections of their manufacturing units. Senior advocate Birendra Saraf, representing United Spirits, argued that his client was not granted a proper hearing before the order was passed, emphasizing that the rum had been produced using the same process for years without any consumer complaints or harm.
Senior advocate Navroz Seervai, appearing for Mohan Meakin, submitted that the company's product fully complied with prescribed standards and had been sold for years without complaint. The court noted that FSSAI had allowed existing stocks to be sold after relabelling them as "Rum Flavoured Spirit", but banned the manufacture and sale of fresh stocks. Saraf argued that immediate label changes were impractical as liquor labels require mandatory approval from the State Excise Department.
FSSAI's legal counsel submitted that the regulator's concern was ensuring proper labelling, alleging that the products contain unauthorised artificial or nature-identical flavouring agents that could mislead consumers. In response, the manufacturers pointed out that the Food Analyst had not declared the products unsafe, harmful, or non-compliant with standard rum specifications.
The petitioners also challenged the statutory authority of the FSSAI officer to issue prohibition orders under Section 36(3)(b) of the Food Safety and Standards Act. The bench observed that the primary issue was labelling rather than product quality. The court directed the Union government to file its reply by August 19 and scheduled the petitions for further hearing on August 24.
