A new contentious domain: product approval advisories

By Sidhartha Srivastava and Gurmeet Kainth, DH Law Associates

The Food Safety and Standards Act, 2006 (FSSA), not only repealed some existing enactments and consolidated the laws relating to food but also established the Food Safety and Standards Authority of India (FSSAI) for laying down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure the availability of safe and wholesome food for human consumption.

Cause for concern

The FSSAI’s issuance of various advisories has aroused industry concern. A few industry players have even taken this issue to courts across the country, seeking the quashing of such advisories as being without any statutory force and ultra vires.

Food is seen as the fastest growing sector in India and food business is estimated at US$121 billion, so the regulatory concerns cannot be ignored.

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Sidhartha Srivastava and Gurmeet Kainth are partners at DH Law Associates.



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