Old Monk cannot be sold as rum, FSSAI tells Bombay High Court as company submits revised labels

The Food Safety and Standards Authority of India (FSSAI) on Thursday told the Bombay High Court that Old Monk cannot be sold as rum as the product is made using neutral spirit and rum flavoring.

FSSAI’s counsel told the court that the regulator’s main objection was not to the label but to the nature of the product itself. “What is not allowed is to sell this product as rum,” the attorney said, adding that the product could instead be described as a “rum-flavored spirit.”

The old monk submitted the revised labels to the court and the FSSAI sought additional time to review and consider them for approval. The matter will be discussed further on September 11.

Editing labels

During an earlier hearing on Monday, the company informed the court that it was prepared to amend its product labels to remove the phrase “7-year-old blend”.

A division bench comprising Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad directed the company to present the revised label by Thursday. The court also ordered the food regulator to include specific details and requirements on the packaging to ensure that the product is clearly distinguished. In addition, the court asked the state excise department to review the revised label and expedite the approval process on an urgent basis.

The bench found that consumers could be misled into thinking that the rum had been aged for seven years. The court further questioned the alcoholic beverage manufacturer about certain text on the label saying it was “so small that no one can read it.”

Senior counsel Navroz H. Seervai, representing the company, said it had suffered a loss ₹1 million per day for the 120 days of the ban.

United Spirits, which faced a similar ban, withdrew its case on August 24. Its parent company Diageo, along with other spirits manufacturers, agreed to comply with the FSSAI guidelines by either removing questionable flavoring ingredients or modifying product labels, Mint reported on August 18. People with knowledge of the matter said the label changes would be made without changing the original composition of the drink.

Objection by FSSAI

The dispute stems from laboratory tests conducted by the FSSAI, which found external artificial or nature-identical flavoring substances in the products. According to the regulator, these ingredients masked the natural properties of the drinks.

Based on these findings, FSSAI banned the sale of specific variants of McDowell’s No. 1 Rum, Antiquity Blue Whiskey and Royal Challenge Whiskey produced by United Spirits; a selection of Old Monk rum variants from Mohan Rocky Springwater; and Piper Deluxe Whiskey and Old Cask Deluxe XXX Rum from Inbrew Beverages.

Citing the Food Safety and Standards (Alcoholic Beverages) Regulations 2018, which mandate that standardized alcoholic beverages such as rum and whiskey retain their characteristic taste and aroma, the regulator argued that adding “rum flavor” to rum or “whiskey flavor” to whiskey distorts these standardized products.