6. It is contended on behalf of the appellants that there
is no violation of Section 23(1) read with Regulation 2.2.1.3 &
2.3.1.5 of FSS (P&L) Regulations, 2011. The cereal/pulses are
known to contain high protein, thus, the same being statement of
fact and universal truth could not be termed as false or
misleading statement with regard to the food contained in the
package or its nutritive valued and in support, relied upon Nestle
India Ltd. v State of Maharashtra 2012 (2) FAC 282
(Bombay); Sterling Agro Industrial Ltd. & Anr. v State of
Uttrakhand 2014 (1) FAC 420 (Uttrakhand); Bhushan Prasad
v F.I. Satyamanglam Municipality & Anr. 2015 (I) FAC 549
(Madras).
9. Hon'ble High Court of Judicature at Bombay, Nagpur
Bench in Writ Petition no.2514 of 2010, Nestle India
Limited vs. State of Maharashtra, decided on 29.06.2012,
held as under :-