Overview: The Madhya Pradesh High Court has issued an interim stay on a Food Safety and Standards Authority of India (FSSAI) order banning the sale of pre-packed whisky and rum produced by Associated Alcohols and Breweries Limited. This directive remains in effect until the next hearing scheduled for September 7, 2026, following a petition filed by the company challenging the regulator’s restriction.
The Full Story
A division bench comprising Justices Subodh Abhyankar and Alok Awasthi passed the interim order on August 6 while hearing the case in Indore. The court ruled that the FSSAI issued the ban dated July 29, 2026, without considering the company’s reply to its show-cause notice. Senior advocate Piyush Mathur represented Associated Alcohols and Breweries Limited, noting that a detailed reply was submitted on July 27 after receiving the notice on July 20. The bench directed the Centre to file its response within four weeks.
Additional context from the court record indicates the FSSAI order cited a preliminary laboratory report claiming product labels mentioned “added nature identical and artificial (rum) flavouring substances,” which violated prescribed standards. The company argued that extra neutral alcohol (ENA), permitted flavours, and colours were fully legal under Madhya Pradesh excise laws. The bench rejected the contention regarding jurisdiction raised in the reply as unsatisfactory but upheld the stay on the prohibition order.
What This Means
The ruling highlights a significant jurisdictional dispute between state excise laws and central regulatory standards. By staying the ban, the court acknowledged that the petitioner’s products comply with Excise Act parameters while noting the regulator failed to address preliminary objections regarding authority over liquor production. This decision underscores the ongoing legal friction between FSSAI restrictions and state-level excise regulations in Madhya Pradesh.
Consumer Takeaway
The interim order ensures that pre-packed whisky and rum from the Khargone distillery remain available for sale until the next hearing date. The court directed that the operation and effect of the impugned prohibition order dated July 29, 2026, shall remain stayed, allowing consumers to purchase products that comply with Excise Act and Rules parameters during this period.
Source: Read the original article
