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The sale of Old Monk in Maharashtra remains restricted after the Food Safety & Standards Authority of India (FSSAI) told the Bombay High Court that the product cannot be marketed as “Rum” under its current label.

The regulator has raised concerns over the use of artificial and nature-identical rum flavouring substances as well as descriptions relating to the spirit's age. The FSSAI is now examining revised labels to determine whether they meet the applicable regulatory requirements.

The Bombay High Court has adjourned the matter until September 11, while the existing prohibition on sale remains in place, reported Business Standard.

What FSSAI Says About Old Monk's Labelling

At the heart of the dispute is the way the product identifies itself to consumers.

In an affidavit filed before the Bombay High Court, the FSSAI said the product contains artificial and nature-identical rum flavouring substances. According to the regulator, adding these substances changes the product's natural characteristics and its identity.

The FSSAI said describing such a product simply as “Rum” could therefore be misleading.

The regulator said a flavoured rum product should carry an indication such as “Flavoured Rum” or “Premix Rum” on its label. The objective, according to the FSSAI, is to ensure that consumers are not misled about the nature of the product.

The regulator's position is that the characteristic flavour of rum should come from its natural ingredients, along with the fermentation and maturation processes used to produce the spirit.

'7 Years Old Blended' Claim Also Under Scrutiny

The FSSAI has also challenged the manner in which the product's age is described.

The regulator has objected to phrases including “7 years old blended” and “very old vatted”. Its contention is that when spirits of different ages are blended, the age stated on the label should correspond to the youngest spirit used.

The FSSAI said the “7 years old blended” description could give consumers a misleading impression about the age of the spirit. It cited Regulation 1.3.7 of the Food Safety and Standards (Alcoholic Beverages) Regulation, 2018, in raising the objection.

The Ministry of Health and Family Welfare had similarly stated in August that the age claim for a blended spirit should be based on the youngest spirit in the blend.

Why The FSSAI Took Action

The current court proceedings follow enforcement action taken against Old Monk in Maharashtra last month.

The action was initiated after artificial flavouring substances were detected in neutral spirits, according to the information provided by the authorities.

The Ministry of Health and Family Welfare said products that do not meet the applicable standards should not be represented using the names of standard categories. It suggested that such products could instead be described as “Rum-flavoured Spirit” or “Whisky-flavoured Spirit”.

The ministry also said the front of the pack did not disclose the product's true nature.

Revised Labels Yet To Be Cleared

The latest hearing has not resulted in a final resolution of the dispute.

The FSSAI has asked for additional time to review the revised labels and establish whether they comply with the regulator's requirements.

Until the court considers the matter again on September 11, the restriction on the product's sale continues.

The proceedings will determine whether the revised labelling addresses the FSSAI's concerns over the product's classification, flavouring disclosures and age-related descriptions.