August 2026 saw the Food Safety and Standards Authority of India (FSSAI) publicize a concentrated series of enforcement actions and compliance updates across the food and beverage sector. For advertisers and brand owners, the developments show that FSSAI is increasingly treating advertising copy, product naming, packaging, formulation and operational compliance as interconnected consumer-protection issues.
Dabur India: “100%” Claims and a Procedural Challenge
FSSAI’s scrutiny of absolute “100%” claims became a major issue in August. On August 3, the regulator directed Dabur India to stop selling several food products carrying claims such as “100% Pure”, “100% Natural”, “100% Purity Guaranteed” and “100% Organic”. The action followed FSSAI’s May 2025 advisory asking FBOs not to use the term “100%” on food labels, packaging or promotional content because the expression is undefined in the regulatory framework and may convey an impression of absolute purity or superiority. A more detailed review of this episode was covered in our previous blog - 100% Pure” or Procedurally Impure? The Dabur-FSSAI Dispute, Sharad Vadehra, Aakriti Vadehra
The Delhi High Court initially stayed the FSSAI order on August 7, 2026. At the August 24 hearing, the matter was re-notified for December 16, 2026, with the interim stay continuing until the next hearing.
ITC and Aashirvaad MP Chakki Atta: Another “100%” Dispute
ITC Limited faced a related challenge over Aashirvaad MP Chakki Atta. FSSAI issued a show-cause notice on August 10 concerning the “100% Atta” claim and, on August 13, an improvement notice directing removal of “100% Atta”, “100% Madhya Pradesh Wheat” and “0% Maida” from labels, advertisements and the website, with potential license consequences for non-compliance. ITC challenged the advisory and notices before the Delhi High Court. On August 25, the Court restrained FSSAI from taking a decision to cancel ITC’s food business license pending further hearing. As with Dabur, the order was interim; it did not amount to a final judicial finding that the claims were compliant.
Lotte India and Ferns N Petals: Corrective Labelling Action
Separately, on August 18, FSSAI publicized corrective measures taken by several FBOs after regulatory notices. Lotte India Corporation removed “100%” claims from product labels. Ferns N Petals rectified labels for confectionery products, including its Roasted Almond Chocolate, after FSSAI flagged issues concerning the declaration of vegetable fat, nutritional information and quantitative ingredient disclosures.
Energy Drinks: Product Names Can Function as Claims
The August enforcement update also highlighted FSSAI’s earlier action against beverages marketed as “energy drinks”. In July, the regulator issued notices concerning Red Bull, PepsiCo’s Adrenaline Rush, Reliance Consumer Products’ Campa Energy Drink Gold Boost, Sting, Hell Energy and Coca-Cola-backed Monster Energy. FSSAI’s stated concern was not simply that the products were high in caffeine or marketed to younger consumers. It said that no specific FSSAI standard exists for a product category called “Energy Drink”, objected to the use of that descriptor in branding and labelling, and also flagged functional or therapeutic statements such as claims to “vitalize” the body or improve focus or energy. For marketing teams, the episode illustrates that a product name or category descriptor can itself be treated as a regulated representation.
Diageo India: Packaging and Claim Scrutiny
Diageo India came under regulatory scrutiny after inspectors reportedly seized around 18,000 boxes of products, including DSP Black Deluxe Whisky, Smirnoff Zesty Lime Vodka, and VAT 69, from United Spirits' Bengaluru facility. The action was taken because the recycled-PET bottles allegedly lacked the mandatory FCM-rPET marking or labelling required under FSSAI's 2025 guidelines for food-contact materials made from recycled PET. These guidelines mandate clear identification of recycled PET packaging to ensure transparency and regulatory compliance. Diageo maintained that the products were safe, that the bottles had been sourced from an FSSAI-approved recycler, and that it was cooperating with the regulator. Separately, FSSAI also examined certain advertising and product-related claims associated with alcoholic beverages, highlighting the regulator's increasing focus on packaging, labelling, product composition, and marketing practices within the industry. A more detailed review of this episode was covered in our previous blog- https://blog.galalaw.com/post/102nqkc/matured-in-american-oak-casks-or-not-diageo-vs-fssai-in-india
More Than 150 Notices: A Broader Enforcement Campaign
On August 22, FSSAI stated that it had issued more than 150 notices to food companies in recent months for misleading advertisements, false claims and labelling non-compliance. Its public update named companies including Nestlé India, PepsiCo, Abbott India, Red Bull India, Danone India, Monster Energy India, Hell Energy, Mondelez India, Coca-Cola India, Diageo, Pernod Ricard, Ferrero India and Kenvue. Importantly, the public update did not attribute a specific allegation to every named company.
The Legal Framework
FSSAI’s powers arise under the the Food Safety and Standards Act, 2006 (FSSAI Act). Section 24 prohibits misleading or deceptive food advertisements and unfair trade practices, while Section 53 imposes a penalty of up to INR 10 lakh (~$10,000) for a person who publishes, or is a party to the publication of, an advertisement that falsely describes food or is likely to mislead as to its nature, substance or quality. Food Safety and Standards (Advertising and Claims) Regulations, 2018 apply to food business operators and marketers and require claims to be truthful, unambiguous, meaningful and not misleading. They also regulate conditional claims such as “natural” and “pure”, provide a process for redressal of misleading claims and allow FSSAI to require an offending advertisement to be stopped and a corrective advertisement to be issued. These sector-specific rules operate in parallel with India’s broader consumer-protection regime, including the The Consumer Protection Act, 2019, the Central Consumer Protection Authority’s Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, and the Advertising Standards Council of India (ASCI) Code. A campaign can therefore create overlapping regulatory and self-regulatory exposure.
What This Means for Advertisers and Brand Owners
FSSAI’s August 2026 enforcement wave is significant not simply because of the number of companies involved, but because of the range of tools being used—from notices and corrective directions to licence suspension, sale prohibitions, product seizures and court-tested enforcement. For food and beverage marketing teams, five practical compliance points stand out:
- Treat absolute claims cautiously. Words such as “100%”, “pure”, “natural” and “organic” should be reviewed against the applicable product standard, the 2018 Advertising and Claims Regulations and any FSSAI advisory or direction. Even a literally accurate claim can create a misleading overall impression.
- Review packaging as advertising. Under the 2018 Regulations, “advertisement” expressly extends to labels, wrappers, internet and website representations. Front-of-pack copy, product names, category descriptors and e-commerce listings therefore require the same legal review as campaign creative.
- Substantiate before publication. Claims concerning composition, efficacy, origin, maturation, health, nutrition or functional benefits should be supported by product-specific evidence and remain consistent with the actual formulation and manufacturing process.
- Coordinate advertising, regulatory and operations teams. FSSAI’s recent actions show that a marketing statement can be undermined by non-compliant labelling, packaging, product composition or hygiene. Claims review should therefore be tied to regulatory dossiers, test reports and operational compliance.


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