Breaking News on Supplements, Health & Nutrition - Europe US edition | APAC edition

Read more breaking news



Court declares nutraceutical prior-approval advisory ‘unlawful’

By RJ Whitehead , 07-Jul-2014

Court declares nutraceutical prior-approval advisory ‘unlawful’

Dietary and health supplement manufacturers in India will be breathing a sigh of relief after a decision by the Bombay High Court to quash a controversial advisory by the country’s food regulator concerning prior product approvals.

The Indian Drug Manufacturers Association and a private nutraceutical firm had moved the High Court last year to challenge the advisory by the Food Safety and Standards Authority of India (FSSAI) to require prior product approvals of dietary food and health supplements already licenced and existing in the market under the former Food Adulteration Act.

FSSAI move unjustified

The plaintiffs said the authority had no powers to issue the advisory, especially as the Food Safety and Standards Act has been governing manufactured food safety in India since 2006.

Speaking to Food & Beverage News, RK Sanghavi of the Indian Drug Manufacturers’ Association said the FSSAI had laid down new rules and regulations that were not included in the Food Safety and Standards Act.

The advisory by the FSSAI to get product approvals for all 80 nutraceutical products and pay Rs 25,000 [US$417] per product was not justified,” Sanghavi said. 

We moved the High Court against FSSAI, and now the court has cancelled the advisory, terming it unlawful.”

TR Gopalkrishnan, secretary-general of the association, added that the advisory would have been particularly hard on small manufacturers.

“For every product to get approved by FSSAI, the nutraceutical manufacturers have to pay Rs 25,000, which is a huge amount. 

Big companies can pay it but what about the small companies who want to come in the market with new product? The High Court’s judgment was in our favour, and we are happy with it.”

Delhi judge threatens jail

Capping a bad week for the FSSAI, the Delhi High Court slammed the authority’s officials for using an export law to “extort” money from traders, and hinted that further breaches of the law would command custodial sentences.

Justice Manmohan hit out at FSSAI staff for asking food importers to pay for the no-objection certificates that Customs officials are required to have before they can release imported food items after their arrival in India.

India’s Food Standards and Safety Act contains a provision to appoint authorised officers to carry out the inspection of imported foods and issue a no-objection certificate or Rejection report (RR) to the Customs department, leading either to the release or confiscation of the imported edibles. 

This practice of using the law to line individual profits, had created “undue hassles” and delays, Manmohan said.

The court action came following a petition by United Distributors Incorporation, which had imported a consignment of chocolates from Belgium in January. In it, the company alleged that FSSAI officers had neglected to test or clear the consignment within 24 hours, as they were required to do.

In delivering his judgement, Manmohan said: “If a policeman becomes a terrorist and extortionist, then who will have faith in him? The FSSAI is not understanding my polite way of dealing the matter. I think one officer has to be sent to jail.

Hearing a food and health matter is not good for my health. I just cannot understand why they are are not testing the sample and releasing the same? How these things will be controlled?

Live Supplier Webinars

Polyphenols tipped to become the way to innovate in Sports Nutrition
Alpha & Omega in Sports Nutrition – Using Omega 3’s and A-GPC to improve performance and recovery.
KD Pharma
Orally bioavailable standardized botanical derivatives in sport nutrition: special focus on recovery in post-intense physical activities
Collagen in motion: move freely and keep your injuries in check
Leading manufacturer of gelatine and collagen peptides
Life’s too short for slow proteins. Whey proteins hydrolysates: Fast delivery for enhanced performance
Arla Foods Ingredients
What it Takes to Compete and Win in Today’s Sports Nutrition Market
Sports Nutrition Snapshot: Key regional drivers and delivery format innovations
William Reed Business Media
Gutsy performance: How can microbiome modulation help athletes and weekend warriors
William Reed Business Media
Pushing the boundaries: Where’s the line between ‘cutting edge nutrition’ and doping
William Reed Business Media

On demand Supplier Webinars

High-amylose maize starch may reduce the risk of type 2 diabetes: what does this qualified health claim mean?
Balancing Innovation and Risk in Sports Nutrition Ingredients
Explaining bio-hacking: is there a marketing opportunity for food companies?
William Reed Business Media
Personalized Nutrition – how an industry can take part in shaping the future of Nutrition
BASF Nutrition & Health
Find out Nutritional and ingredient lifecycle solutions and strategies!
Is the time rIpe for I-nutrition?
William Reed Business Media
The Advantage of Outsourcing Fermentation-based Manufacturing Processes
Evonik Health Care
All supplier webinars