Bombay HC Refuses Relief To Thane Eatery Over Banned Analogue Paneer

The Bombay High Court on Friday refused urgent relief to a Thane eatery whose licence was suspended after it was found serving banned analogue paneer to customers. The court declined to stay the Maharashtra Food and Drug Administration’s (FDA) August 11 order against Udupi Swaad, observing that the establishment must face the consequences of its actions.

A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad rejected the restaurant’s plea that the FDA should have issued an improvement notice before suspending its licence. The bench questioned whether the restaurant had clearly informed customers through its menu that the paneer used in its dishes was an analogue or non-dairy substitute rather than conventional milk-based paneer.

The court observed that customers have a right to know what they are being served and questioned the eatery’s argument for seeking an improvement notice after using the banned product. The bench remarked that the restaurant should have disclosed the nature of the food being served instead of allowing customers to believe they were consuming regular paneer. It also indicated that affected customers could approach consumer forums for damages and costs.

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The restaurant had challenged the FDA’s August 11 action, arguing that the regulatory authority should have first provided an opportunity to improve compliance. During the hearing, the eatery assured the court that it would not use analogue paneer again. The bench, however, declined to grant immediate relief and directed the FDA to file its affidavit in response to the petition.

The case comes against the backdrop of Maharashtra’s decision earlier this month to prohibit the manufacture and sale of analogue or non-dairy paneer for one year over public health concerns and alleged violations of food safety standards. Analogue paneer is generally made using vegetable oils, starches, emulsifiers and other additives instead of milk fat, making it a lower-cost substitute for conventional paneer.

The High Court posted the matter for further hearing on September 7. The bench’s observations underline the importance of transparency in food service establishments, particularly when substitutes are used in place of products that consumers may reasonably expect to be made from conventional ingredients.

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