The Karnataka High Court has temporarily halted the enforcement of an advisory issued by the Food Safety and Standards Authority of India (FSSAI) and a directive from the Ministry of Ayush that restricted the use of Ashwagandha (Withania somnifera) leaves in food and health supplements.
Interim Order by Vacation Judge
The interim order, passed earlier this week by vacation judge Justice SR Krishna Kumar, applies to Kerry Inc, an American company, and other petitioners who manufacture Ashwagandha-based health supplements. The court's decision provides temporary relief to these manufacturers, allowing them to continue their operations without complying with the contested restrictions.
Petitioners' Arguments
The petitioners argued that the April 16 FSSAI advisory was issued without amending the 2016 regulations, which they claimed is a prerequisite for such a restriction. They contended that the advisory fell outside the statutory authority of FSSAI and therefore could not be enforced. Additionally, the petitioners highlighted that the April 15 directive from the Ayush ministry, which supported the advisory, was also procedurally flawed.
Impact on Businesses
The petitioners further stated that the enforcement of the advisory and the Ayush ministry directive would severely and substantially impact their businesses. They emphasized that Ashwagandha is a key ingredient in many health supplements, and any restriction on its use would lead to significant financial losses and operational disruptions.
Court's Decision
Justice Krishna Kumar noted that the advisory and directive were issued without proper amendment of the existing regulations, raising questions about their legality. The court stayed the operation of both the FSSAI advisory and the Ayush ministry directive until further notice, providing a reprieve to the petitioners.
Background of the Case
Ashwagandha, also known as Indian ginseng or winter cherry, is a popular herb in Ayurvedic medicine, widely used for its adaptogenic properties. The FSSAI advisory and Ayush ministry directive aimed to restrict the use of Ashwagandha leaves in food and health supplements due to safety concerns. However, the petitioners argued that such restrictions should follow a proper regulatory process, including amendments to the 2016 regulations.
The case is expected to be heard again in the coming weeks, with the court likely to examine the merits of the petitioners' arguments in more detail. Until then, the stay order remains in effect, allowing the continued use of Ashwagandha leaves in health supplements.
