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Zero tolerance policy against jeopardising consumer health: FDA
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Friday, 07 August, 2026, 08 : 00 AM [IST]
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Kimberley Almeida, Mumbai
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It is the paramount responsibility of the State Government to ensure the availability of safe, pure, high-quality, and nutritious food to every citizen of Maharashtra. To safeguard public health, the Food and Drug Administration (FDA), Maharashtra, has taken a historic, visionary, and stringent decision.
Various inspections, laboratory reports, and enforcement actions have revealed that so-called "analogue" or "non-dairy paneer"—products made from non-dairy ingredients and often of substandard quality—are increasingly being sold in the state under the guise of "paneer," thereby deceiving consumers.
Taking serious note of this situation, the Food Safety Commissioner, Tukaram Mundhe, has issued an order banning the production, processing, storage, transportation, distribution, and sale of analogue/non-dairy paneer across Maharashtra for a period of one year. This order comes into immediate effect upon its publication in the Official Gazette.
Tukaram Mundhe stated "It is the constitutional and legal right of every citizen of Maharashtra to receive safe, pure, and high-quality food. There is no place in Maharashtra for anyone who profits by deceiving consumers or plays with the health of citizens. While extending full protection to honest businesses, a 'zero-tolerance' policy will be strictly enforced against those selling substandard, misleading, or unsafe food. Ensuring safe food is not merely a matter of legal enforcement; it is the government's moral and constitutional commitment to society."
Article 21 of the Indian Constitution grants every citizen the fundamental right to life and a healthy life, while Article 47 entrusts the State with the constitutional responsibility of improving the nutritional level of citizens and safeguarding public health. Section 18 of the Food Safety and Standards Act, 2006, clearly outlines fundamental principles such as the protection of human health, safeguarding consumer interests, fair trade practices, risk management, and the "Precautionary Principle." This order has been issued to fulfil these legal and constitutional obligations.
Paneer is a standardised dairy product under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. However, it has been observed that some manufacturers produce and sell a product resembling paneer—but made using vegetable oil, vegetable fat, or other non-dairy ingredients instead of milk fat or milk solids—under the label "Paneer." Such products are referred to as "Analogue/Non-Dairy Paneer." Due to the absence of statutory quality standards for this product, effective regulatory control at the field level has become difficult, leading to widespread consumer deception.
Paneer samples collected from various districts across the state between April 1, 2025, and March 31, 2026, were analysed at notified food laboratories. Out of a total of 308 samples, 109 were found to be non-compliant with regulations; of these, 79 were classified as "sub-standard" and 30 as "unsafe." This indicates that 35.4 percent of the tested samples failed to meet the prescribed standards. Scientific analysis confirmed that many samples contained foreign vegetable fat instead of natural milk fat. This matter is a cause for serious concern regarding public health.
“Analogue paneer contains vegetable fat but milk paneer doesn’t. Milk paneer will be available to the public,” an FDA official stated.
The Supreme Court of India has observed that the adulteration of milk and milk products poses a serious threat to public health and has directed state governments to effectively implement preventive measures. Furthermore, the Central Advisory Committee of the Food Safety and Standards Authority of India (FSSAI) has taken serious note of the widespread misuse of the product known as "Analogue in Dairy Context"—for which no quality standards exist—and has recommended adopting a strict policy regarding such products. The decision taken by the Government of Maharashtra is entirely consistent with these recommendations.
The FDA has observed that numerous hotels, restaurants, eateries, caterers, and cloud kitchens are preparing and serving food items using "analogue paneer" without informing customers. Serving a product of a different nature when a customer has ordered "paneer" constitutes not only the misleading of consumers but also an unfair trade practice and a serious violation of food safety laws. Consequently, this order explicitly prohibits the use, storage, and serving of analogue paneer in all such food service establishments.
This order is binding on all manufacturers, processing units, wholesalers, retailers, transporters, warehouse operators, distributors, hotels, restaurants, caterers, cloud kitchens, eateries, and all Food Business Operators (FBOs) across the state. To ensure the effective implementation of this order, instructions have been issued to all Joint Commissioners (Food), Assistant Commissioners (Food), Designated Officers, and Food Safety Officers in the state to conduct special inspection drives.
Comprehensive inspections will be carried out at manufacturing units, warehouses, transport facilities, wholesale markets, retail outlets, and food service establishments, and samples of suspected products will be collected. Goods will be seized and destroyed as necessary, and legal action will be taken against the offenders.
Strict action will be taken against any individual, entity, or Food Business Operator violating this order, in accordance with the applicable penal provisions of the Food Safety and Standards Act, 2006. Such action may include the seizure and destruction of goods, imposition of financial penalties, action regarding licenses, and legal proceedings in court in serious cases. No one who compromises public health will be spared from the law.
Ashwin Bhadri, founder and CEO of Equinox Labs, said, “What we're seeing is regulators paying much closer attention to how products are identified and presented to consumers. I think the intention is fairly straightforward. If a product isn't paneer, the consumer should know that before buying it. There shouldn't be any ambiguity at the point of purchase. From what we've seen over the years, issues around product identity and labelling often create more problems than the product itself. That's why businesses should start looking at labels with the same seriousness they give product quality.”
“Most dairy businesses already have quality systems in place. What they need to do now is spend a little more time reviewing product labels and the claims they're making. Before something goes to print, ask one simple question: Can we support every statement on this pack if a regulator asks for evidence? That small exercise can prevent much bigger problems later,” said Bhadri.
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