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03.02.2023

1.

This hearing has been done through hybrid mode.

2.

This matter has been received in the typed supplementary list and has

been taken up at 4 pm.

3.

The Petitioner - TATA Consumer Products Limited has filed the

present petition challenging the impugned orders passed by the Respondent -

Food Safety and Standards Authority of India (FSSAI) dated 30^th January,

2023 and 31st January, 2023 by which the manufacturing and marketing of

the Petitioner’s product i.e. TATA COPPER + has been directed to be

stopped with immediate effect.

4.

In the present case, the Respondent vide the impugned order dated

30th January, 2023 directed its Regional Director, Eastern Region, to take

necessary action to ensure that the manufacturing and marketing of the

Petitioner's product is stopped with immediate effect. Thereafter, on 31st

January, 2023 the Petitioner made an appeal before the CEO of the

Respondent, however on the same day, a further order dated 31st January,

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 29/01/2024 at 07:40:28

Page 2 of 4

2023 was issued by the Respondent wherein it was clarified that the

manufacturing ought to be stopped by the Petitioner as also third parties

manufacturers, however, the products which are already in the market can

continue till the expiry date. Vide the impugned order dated 31^st January,

2023 the Petitioner was also directed to submit a report by 10^th February,

2023. The relevant part of the impugned orders is as under:

“Subject: Matter regarding representation from M/s

Tata Consumer Products Ltd. regarding the product

'Tata Copper Water'-reg.

Dated: 30^th January, 2023

5. In view of above, it is requested to take further

necessary action in the matter with the Head Office of

the

FBO

which

has

been

licensed

under

your

jurisdiction to ensure that the manufacturing and

marketing of the product 'Tata Copper Water' is

stopped with immediate effect and the said product is

removed from all licences of the FBO and 3rd party

manufacturers. The product which is already in the

market may be allowed to continue till its expiry date.

Subject: Notice to stop manufacturing and marketing

of the product 'Tata Copper Water'-reg.

Dated: 31^st January, 2023

6. In view of above, you are hereby directed to ensure

that the manufacturing and marketing of the product '

Tata Copper Water' is stopped with immediate effect

and the said product is removed from all the licences of

the FBO as well as the 3rd party manufacturers. The

product which is already in the market is allowed to

continue till its expiry date. The FBO is further

directed to submit a report in the matter at the earliest,

latest by , 10th February , 2023 .”

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 29/01/2024 at 07:40:28

Page 3 of 4

5.

The case of the Petitioner is that the product TATA COPPER + has

been sold by it since 2013. It has not had any adverse effect on any

consumers in the market. It in fact complies with all the requisite regulations

and standards prescribed by the Respondent. According to Dr. Singhvi, ld.

Senior Counsel appearing for the Petitioner, in September 2022, an

application was moved seeking approval of the previous version of the

product containing water and copper sulphate in the non-specified food

category by the Respondent. The said approval was rejected vide rejection

notice dated 29^th September, 2022. Thereafter, sometime in September,

2022, the Petitioner also added sodium chloride to the product pursuant to

the Food Safety and Standards (Food Products Standards and Food

Additives) Third Amendment Regulations, 2021 issued by the Respondent.

According to the ld. Senior Counsel for the Petitioner, the Respondent has

not given any hearing or even a chance for a reply to be filed and an

immediate ba