DEV Community: kankrishme

India’s Food Regulators Put “100%,” “Natural” and “Energy” Claims on Notice

kankrishme — Fri, 24 Jul 2026 18:34:32 +0000

Recent enforcement action in India suggests that food and beverage regulators are taking an increasingly literal approach to prominent product claims. In June 2026, the Central Consumer Protection Authority (CCPA) penalised two food businesses for their use of “100%” claims. Soon afterwards, the Food Safety and Standards Authority of India (FSSAI) reportedly issued notices to six beverage brands concerning the description and promotion of products as “energy drinks.”

Read together, these developments carry a clear message for advertisers: an accurate ingredient list or a qualifying statement in fine print may not cure an absolute or potentially misleading claim on the front of a package, in an advertisement or in an online product listing.

Storia: “100%” claims for reconstituted beverages

On 18 June 2026, the CCPA imposed a penalty of INR 100,000 (approximately USD 1,170) on Storia Foods and Beverages Private Limited in relation to claims used for its coconut-water and fruit-based beverages.

Storia advertised its product as “100% Tender Coconut Water” and “100% Natural Tender Coconut Water” on its packaging, website and listings on major e-commerce platforms. According to the CCPA, however, the ingredient declaration identified the product as water and coconut-water concentrate (9.6%), reconstituted to the equivalent of coconut water. The product also contained the preservative INS 202.

The CCPA considered that an ordinary consumer would understand the prominent claim to mean that the product consisted entirely of natural tender coconut water. The less prominent disclosure that the beverage had been reconstituted did not, in the Authority’s view, correct the overall impression created by the principal claim. The presence of a preservative also made the “100% Natural” claim untenable.

The Authority reached a similar conclusion regarding Storia beverages marketed as “100% Juice,” including pomegranate, mixed-fruit, mango and guava-chilli variants. Their ingredient declarations showed water, concentrates and, depending on the product, relatively small proportions of fruit ingredients.

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Trademark Law and Practice in India

kankrishme — Sat, 18 Jul 2026 17:45:09 +0000

At Kan and Krishme, our team of experienced trademark lawyers specializes in assisting clients with trademark registration and the protection of intellectual property rights in India. With an in-depth understanding of Indian trademark laws and regulations, we possess the expertise to handle the drafting and prosecution of trademark applications. Our track record reflects numerous successful trademark registrations in India, and we are dedicated to ensuring our clients receive the necessary protection they require.

Here’s how we can assist you:

Searches: We conduct comprehensive searches to determine the availability of a mark for registration and use in India. This includes searching the trademark register, the internet, and other sources.

Filing: We file trademark applications with the Indian Trademark Office. We can file applications directly or through the Madrid Protocol.

Prosecution: We will diligently monitor the progress of your trademark application through the Indian Trade Marks Registry, providing you with regular reports on any office actions. Additionally, we will prepare and submit responses to these office actions and represent you in hearings when necessary.Publication: We track the publication of trademark applications and provide clients with updates on the status of their applications.

Registration and Renewals: Our support extends to obtaining a trademark registration from the Indian Trade Marks Registry, as well as facilitating the renewal process when your registration nears expiration.

Assignments: We handle the assignment of trademarks, including preparing and filing the necessary documentation.

Name and address changes: We handle the name and address changes of trademark owners, including preparing and filing the necessary documentation.

Licenses: We negotiate and draft trademark licenses on behalf of clients.

Oppositions: Should an opposition be filed against the registration of your trademark, we can effectively oppose such objections.

Appeals: We represent clients in appeals of trademark decisions before the IP Division of the High Court

Cancellation: We represent clients in cancellation proceedings before the Indian Trademark Office.

Rectification: In the event of a challenge to your trademark registration, we possess the expertise to assist you in contesting such challenges.

Litigation: We represent clients in trademark infringement litigation in Indian courts.

Investigations: We conduct investigations into trademark infringement and counterfeiting.

Custom recordation and border protection: We record trademarks with customs authorities to prevent the importation of infringing goods.

Opinions: We provide clients with opinions on the registrability, use, and enforcement of trademarks.

We are confident in our ability to provide you with exceptional service when it comes to safeguarding your trademark rights in India. We welcome the opportunity to delve into your specific requirements in greater detail during a discussion.

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AI in Advertising: ASCI’s New Draft Disclosure Guidelines

kankrishme — Mon, 08 Jun 2026 16:43:39 +0000

Overview

The Advertising Standards Council of India (ASCI) has released draft guidelines requiring brands to disclose the use of Artificial Intelligence in advertising. The framework is risk-based: it does not ban AI, but it mandates transparency wherever AI-generated content could materially influence consumer decisions. These guidelines align with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2026 and operate alongside the existing ASCI Code, which continues to apply in full. The draft is open for public consultation until 13 June 2026.

The Core Compliance Question

ASCI asks two questions to determine whether your AI use requires a label:

Does the AI use mislead consumers about a product’s claims, performance, or benefits, particularly where it is central to the ad’s persuasive message or materially influences purchase decisions?

Would the absence of a disclosure create a false or misleading impression of the product’s claims or benefits?

If the answer to either question is yes, a disclosure label is mandatory.

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The Clock That Never Stops: Understanding Patent Term Adjustment and Extension in India, the US, and Europe

kankrishme — Tue, 02 Jun 2026 12:01:58 +0000

There is something almost poetic about the way patents work. An inventor spends years; developing something the world has never seen before. The law rewards that effort with a patent: a twenty-year window during which the inventor alone has the right to make, use, sell, or license the invention.

Twenty years sounds generous. But here is the part that most people outside the patent world never quite appreciate: that twenty-year clock starts ticking from the very day the patent application is filed, not the day the patent is granted. And in a world where regulatory approvals, examination backlogs, and procedural delays routinely eat up years of that window, inventors often find themselves holding a patent with only a fraction of its commercial life left.

This is the problem that Patent Term Adjustment (PTA) and Patent Term Extension (PTE) were designed to solve. However, it depends enormously on which country you are standing in.

India’s Approach: A Significant Silence

The Patents Act, 1970, India’s principal patent legislation, as amended most significantly in 2005 to align with the TRIPS Agreement, grants a patent term of twenty years from the date of filing under Section 53. But when you look for provisions that compensate an inventor for delays caused by the Patent Office itself, or for the regulatory maze that pharmaceutical inventors must navigate before their drug reaches the market, you find a conspicuous gap. India does not have a formal PTA mechanism.

There is no statutory provision under which a patent applicant can seek additional patent life to compensate for delays caused by the Indian Patent Office during examination. Similarly, there is no PTE framework for pharmaceutical or agrochemical products that must undergo regulatory approval before commercialisation.

The Indian system operates on a straightforward, unadjusted twenty-year term, and that is the end of the matter: at least for now.

This is not to say that India is entirely insensitive to the problem. The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) has, in recent years, undertaken significant efforts to reduce examination pendency.

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