SC extends time for FSSAI to file report on mandatory labels on packaged foods
The Supreme Court has asked FSSAI to come out with its recommendations within three months on the proposed move to introduce mandatory warning labels on the front of packaged food items.
The Supreme Court on Tuesday gave one last opportunity to an expert committee under the Food Safety and Standards Authority of India (FSSAI) to come out with its recommendations within three months on the proposed move to introduce mandatory warning labels on the front of packaged food items.
The FSSAI committee had approached the top court seeking an extension of time as the three month period granted by the top court on April 9 to submit recommendations came to an end on July 9. In an application moved before the top court, the FSSAI said that the committee is undertaking pan-India consultations for which it required additional time.
Accepting the request, a bench of justices JB Pardiwala and R Mahadevan said, “We grant further time of 3 months for one last time failing which we will take appropriate steps as per law.”
Additional solicitor general (ASG) Brijender Chahar appearing for FSSAI told the court that time is sought to enable the committee to submit its recommendations after holding consultations with all stakeholders.
The PIL filed by 3S and Our Health Society, a non-profit organisation, sought directions to make front-of-package warning labels (FOPL) mandatory for packaged foods high in sugar, salt, and saturated fat—substances linked to lifestyle diseases, including diabetes and cardiovascular ailments. In this matter, the court had on April 9 directed the expert committee to submit its recommendations in 3 months.
The application by FSSAI said, “The applicant (FSSAI) prays for 3 more months for preparation of recommendations and their submission by the Expert Committee.”
The food safety regulator said that in May, the expert committee held several meetings with various stakeholders likely to be affected by the proposed changes to the Food Safety and Standards (Labelling and Display) Regulations, 2020. The expert committee was constituted in 2023 to analyse and address the feedback received on the draft notification dated September 13, 2022.
The April 9 order of the top court came after it was informed that over 14,000 public comments were received on the proposed labelling norms that required to be examined by the expert committee. The court then granted three months to the panel to submit its recommendations.
The latest application said that based on FSSAI’s decision taken in its 46th meeting held on March 7 this year, the expert committee was asked to conduct “wider and frequent consultations” with the lowest level of personnel getting affected in the food chain. The authority specifically said that the consultations should involve ground level participation, including MSMEs, and should not be restricted only to large industry associations such as CII, FICCI etc.
It said that the committee held consultations with Food Business Operators (FBOs) and other stakeholders concerned across four regions — Delhi, Goa, Hyderabad, and Kolkata — in May, with the last such meeting being held on May 30. The FSSAI also invited food business associations, dairy cooperatives, consumer organisations, self-help groups, women organisations, and relevant departments of the Union government in these discussions.
The views and comments shared by the stakeholders on the draft regulations related to FOPL are “essential feedback” that the expert committee is required to consider, along with the earlier received 14,000 comments. “Given these procedural and necessary steps in order to ensure transparent public consultation, the process of submission of Expert Committee report is expected to take approximately 3 more months from now,” the application stated.
The petitioner, represented by advocate Rajiv Shankar Dwivedi told the court that the present applicant is an attempt by the authority to delay the entire process. He pointed out that in the past three months, the expert committee had not met even once.
The court said, “It is alright as long as they are looking into the matter. We will grant three months time as a last opportunity. If they fail to abide by the order, we will proceed in contempt.”
In September 2022, amendments were proposed to the 2020 FSS labelling and display regulations, introducing Indian Nutritional Rating (INR) for FOPL. This essentially required the packaged foods to be rated on a scale of 0.5 to 5 stars, with a higher star rating indicating a healthier product.
The petitioner society opposed the star-rating based INR claiming that it failed to provide clear information to consumers about the unhealthy constituents of a product. Dwivedi urged the court to have a FOPL disclosing the high content of sugar, salt or unhealthy fats, saying it could help consumers to take an informed choice about purchasing a product.
The proposed amendments not making a headway since 2022 led to the filing of the PIL in 2024. The petitioner had argued that the government cannot delay further on this issue as there is an alarming rise in deaths linked to diabetes and heart ailments. Describing diabetes as a silent epidemic, the petition cited World Health Organisation (WHO) reports recommending a robust policy framework to reduce consumption of junk foods.
On the other hand, the Centre in an affidavit defended the INR model, claiming it integrates both “critical nutrients” (such as added sugars, sodium, and saturated fats) and “positive components” (like fibre, protein, and certain legumes and nuts) in its scoring system. “This balanced approach helps consumers understand the overall healthiness of a product, rather than focussing solely on its negative aspects,” the affidavit added.
