The Bombay High Court has declined a request for urgent relief from a restaurant whose license was suspended for serving ‘analog paneer,’ a synthetic substitute for traditional dairy paneer. This decision came after the restaurant, Udupi Swaad Restaurant, challenged the suspension of its license by the Maharashtra Food and Drug Administration (FDA).
In the case [Udupi Swaad Restaurant v. State of Maharashtra & Ors.], a division bench comprising Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad emphasized the importance of consumer transparency. They noted that restaurants must not serve synthetic products under the pretense of genuine dairy items without informing customers.
When the restaurant sought an immediate stay on the license suspension, the Court ruled that the establishment must endure the consequences for the time being. Chief Justice Ghuge remarked, “Let the FDA reply come, suffer till then. You also need to suffer first as you have made people suffer by eating this. Poetic justice!”
The suspension followed an August 10 inspection, where the FDA found the restaurant’s paneer samples to be unsafe and substandard. The restaurant contended that the authorities did not issue a mandatory improvement notice as required under the Food Safety and Standards Act (FSSA). It further argued the sudden closure led to significant financial and reputational damage.
However, the FDA defended its actions, citing a notification by FDA commissioner Tukaram Mundhe, which banned ‘analog’ or synthetic paneer throughout Maharashtra for a year.
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During the hearing, the Court questioned the restaurant’s practices, asking, “Have you advertised in your menu card or indicated to customers that you are serving them analog paneer and not the actual paneer? Why don’t you advertise on your signboard that original food is not available with you?”
ACJ Ghuge also expressed concern over consumer awareness, stating that patrons might be misled by the use of spices and flavors. “People do not read everything and know what they are eating. You must be adding very nice spices and masala so that it tastes better. Then they realise they are eating something rotten. You must tell them what they are eating. How can you serve something that they have not asked for?” the Bench critiqued.
The restaurant assured the Court it would cease using analog paneer immediately, but the Court did not provide any immediate relief. The Bench suggested that affected customers could seek damages through the consumer forum. The FDA was ordered to file a response by September 2, with the next hearing scheduled for September 7.
