Mumbai: The long-running dispute over the identity and labelling of popular liquor brand Old Monk has reached the Bombay High Court, with the Food Safety and Standards Authority of India (FSSAI) telling the court that the product cannot be sold as rum because it is made using neutral spirit and rum flavouring.
According to the regulator, such a product would be more appropriately labelled as a “rum-flavoured spirit”. The final position, however, will depend on the examination of the revised label and regulatory compliance. The matter will be heard next on September 11.
The issue came before the court after the manufacturer submitted a revised product label for consideration. FSSAI sought additional time to examine the modified label and determine whether it meets the applicable food safety and packaging requirements. The court has allowed the regulator time to review the proposed changes.
The dispute goes beyond the wording printed on the bottle and focuses on the ingredients used in the product. FSSAI maintains that standardised rum must possess the characteristic taste and aroma associated with rum. In its view, a product made with neutral spirit and additional rum flavouring should not be presented simply as rum if that description could mislead consumers about the product’s actual nature.
Algoritha Security Launches ‘Make in India’ Cyber Lab for Educational Institutions
The Bombay High Court bench hearing the matter comprises Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad. During earlier proceedings, the court had raised questions about the language used on the product packaging and whether consumers could misunderstand claims concerning the product’s age, composition or characteristics.
One of the earlier issues concerned the phrase “7 years old blended” appearing on the Old Monk label. During a previous hearing, the manufacturer indicated that it was willing to remove the phrase from the packaging. The court subsequently directed the company to submit a revised label and asked FSSAI to clarify what information and requirements must be included on the packaging to ensure that consumers are not misled.
The court had also expressed concern that the phrase “7 years old blended” could lead consumers to believe that the entire rum had been aged for seven years. Questions were also raised about information printed in very small type on the packaging. The court is examining whether important product information is presented clearly enough for consumers to read and understand.
During the proceedings, senior counsel Navroz H. Seervai, appearing for the company, claimed that the business suffered losses of around ₹1 crore per day during a 120-day ban. However, the wider dispute involves more than the labelling issue or the financial impact of the restrictions. It raises questions about the use of flavouring substances in alcoholic beverages and the regulatory definition of standardised spirits.
The FSSAI action followed laboratory testing in which the regulator said external artificial or nature-identical flavouring substances were detected in certain alcoholic beverages. According to the authority, such substances can alter or mask the natural characteristics expected from standardised alcoholic beverages.
FSSAI has relied on the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018, which prescribe characteristics for standardised alcoholic beverages such as rum and whisky. The regulator’s position is that a product marketed as rum should retain the characteristic taste and aroma associated with rum. It has therefore argued that adding rum flavouring to a product marketed as rum can raise questions about whether the product is being accurately represented to consumers.
The regulatory action is not limited to Old Monk. Several other products in the spirits industry have also come under scrutiny. These include select variants of McDowell’s No. 1 Rum, Antiquity Blue Whisky and Royal Challenge Whisky manufactured by United Spirits. Certain Old Monk variants produced by Mohan Rocky Springwater, along with Bagpiper Deluxe Whisky and Old Cask Deluxe XXX Rum manufactured by Inbrew Beverages, are also covered by the regulatory action.
The development has already prompted changes elsewhere in the industry. United Spirits withdrew its case on August 24, while its parent company Diageo and other liquor manufacturers have agreed to comply with FSSAI’s directions. Companies have been considering either removing the disputed flavouring substances or making necessary changes to product labels.
For Old Monk, the immediate question is whether the revised label will satisfy FSSAI’s objections. If approved, the revised packaging could provide a way forward for the product. However, if the regulator continues to object to the labelling or classification, the manufacturer may have to make further changes to how the product is described and presented to consumers.
With the next hearing scheduled for September 11, the Bombay High Court is expected to consider the regulatory position and the revised labelling as the dispute over Old Monk’s classification continues.
Follow the Centre for Police Technology on LinkedIn to stay updated on the latest developments in policing, cybersecurity, digital forensics, investigations, fraud risk management, and technology-driven public safety.
https://www.linkedin.com/company/policetechnology/
