A BAN, A SPLIT VERDICT, AND A HEALTH CONCERN

The erucic acid-reducing property of DMH-11 and the associated health and economic benefits need to be factored in while deciding on the approval of the GM mustard crop

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Rapeseed-mustard oil (hereafter 'mustard oil') is the third-largest edible oil consumed in India. Two executive and judicial decisions on mustard oil — one from 2021 and another from 2024 — have major public health implications, but have hardly received the public attention and scrutiny they deserve. In the first decision, the Food Safety and Standards Authority of India (FSSAI) prohibited the manufacturing and sale of blended mustard oil in India, effective from June 8, 2021. As per Indian food safety laws, selling an edible oil mixed with another edible oil is permitted, provided the proportion of an oil blended with another oil is within 20%.

Reports suggest that FSSAI's ban decision was aimed at preventing the adulteration of mustard oil and boosting domestic mustard crop output. In the second, the Supreme Court ruled on July 23, 2024, against approval granted by the Central government for the environmental release of India's indigenously developed genetically modified (GM) mustard named Dhara Mustard Hybrid-11 (DMH-11). A major ground on which one of the two judges pronounced a judgment against DMH-11 was the insufficient assessment of the impact on human health of DMH-11. A common policy goal behind these two decisions was to protect the health of Indian mustard oil consumers. However, a closer look at the facts shows that this goal cannot be fully achieved through these two decisions.