“The addition of artificial and nature identical rum flavouring substances masks the natural characteristics and alters the true identity of the product, thereby rendering the product substandard under the applicable regulatory standards. Furthermore, calling such products as rum is misleading,” the FSSAI said in an affidavit submitted to the high court, as quoted by LiveLaw.

The FSSAI’s affidavit added that the product’s label lists artificial and nature-identical rum flavouring substances, whereas the characteristic flavour of rum should come from its natural ingredients, fermentation processes and maturation techniques.

“In case of flavored Rum, the term Flavoured or Premix Rum needs to be mentioned on the product label to avoid misleading information/deceptive claims,” the food regulator said, quoted LiveLaw.

The FSSAI also raised objections to claims such as “7 years old blended” and “very old vatted” on the product label. It said the age stated for the spirit must refer to the youngest spirit used in the blend, rather than the oldest. Describing the product as “7 years old blended” was misleading to consumers and violated Regulation 1.3.7 of the Food Safety and Standards (Alcoholic Beverages) Regulation, 2018, the affidavit stated.

The Ministry of Health and Family Welfare had also said in August that, under the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018, the age claim of a blended spirit should be based on the youngest spirit used in the blend.

However, the matter was not resolved during the hearing. The FSSAI sought additional time to examine the revised labels and determine whether they comply with the regulator’s requirements. The court has adjourned the matter till September 11, and the prohibition on the sale of the product continues for now.

What is the case?

The FSSAI had taken enforcement action against the product after detecting artificial flavouring substances mixed into neutral spirits.

“Such products are not only sub-standard but are also misrepresented by using the names of standard categories,” the Ministry of Health and Family Welfare said in a statement last month, adding that such products could instead be identified as “Rum-flavoured Spirit” or “Whisky-flavoured Spirit”. It also said the front of the pack failed to disclose the true nature of the product.