Law & Justice

Supreme Court Seeks More Details from FSSAI on Front-of-Package Food Warning Labels

By PTI

The Supreme Court has directed the Food Safety and Standards Authority of India (FSSAI) to provide further clarifications regarding its proposed front-of-package labelling (FoPL) system for packaged foods, which aims to flag high levels of fat, sugar and salt as 'nutrients of concern.' FoPL refers to nutritional graphics displayed on food packaging intended to help consumers make informed and healthier choices.

A bench comprising Justices J B Pardiwala and K Vinod Chandran, in an order uploaded late Thursday night, also asked the central government to explain how it intends to improve nutritional literacy among schoolchildren, noting that children face a significant risk of developing unhealthy eating habits. The court asked the Union government to respond on how schools might incorporate lessons on interpreting nutritional information and FoPL through curriculum changes, workshops and other initiatives. The case has been scheduled for further hearing on September 28.

The court was hearing a petition filed by the public charitable trust '3S and Our Health Society,' which has sought directions for the Centre, states and Union territories to make FoPL mandatory on packaged food items.

Earlier, FSSAI had informed the court of its plan to introduce a prominent red warning label on the front of packaging for food products high in added saturated fat, sugar and salt. In a compliance affidavit submitted last month, the authority explained that its two-phase proposal is designed to give consumers a simple and clear warning about products containing high levels of specified nutrients of concern. According to FSSAI, the phased rollout would allow time for consumer acceptance and give the food industry an opportunity to reformulate products. Phase I would apply to products high in two or more of the specified nutrients, along with select sweetened beverages, while Phase II would extend the labelling requirement to products high in even a single nutrient of concern.

During Thursday's hearing, the bench questioned FSSAI about the timeline for implementing these two phases, stating that vague justifications such as consumer acceptability or industry preparation time were insufficient. The court said a clear, scientifically justified timeline dividing the two phases was necessary for the plan to be workable, and directed FSSAI to file a clarificatory affidavit within 10 days.

The bench further sought clarity on how FSSAI plans to identify which sweetened beverages fall under Phase I, and what nutrient threshold levels would apply to them. Additional questions were raised about the font size for warning labels, the inclusion of pictorial representations for fat, sugar and salt, and where such labels should be placed on packaging.

The court asked FSSAI to reconsider its current labelling proposal, observing that it relies heavily on text-based warnings indicating whether a product is high in fat, sugar or salt. The bench noted that this approach assumes a certain level of literacy and reading ability across all regions, languages, age groups and literacy levels in the country. It suggested that an inclusive FoPL system should combine words with pictorial representations of the relevant nutrients to ensure accessibility for India's diverse population.

The court also observed that consumption patterns and purchasing conditions vary widely across India and cannot be addressed with a uniform approach. It further noted the growing trend of digital food purchasing, stating that such shifts in consumer behaviour should also be factored into the design of FoPL systems.