Supreme Court Extends Time To FSSAI Expert Committee For Report On Warning Labels On Packaged Foods
The Supreme Court on Tuesday (July 15) extended the time for an expert committee under the Food Safety and Standards Authority of India (FSSAI) to give its recommendations within three months on the proposed amendments for nutrition warning labels on the front of packaged food items.
On April 9, the Court had granted three months' time to the committee for its recommendations on the amendments proposed by the FSSAI on Front-of-Package Warning Labels (FOPL) on packaged foods so that the customers can know about the sugar, salt and fat contents.
On July 15, a bench comprising Justice JB Pardiwala and Justice R Mahadevan allowed the extension application filed by the FSSAI, granting further time of three months as a last opportunity.
“We grant further time of 3 months for one last time failing which we will take appropriate steps as per law," the bench ordered
The direction was passed in a PIL filed by 3S and Our Health Society who highlighted the urgent need for interpretive labels that clearly indicate levels of sugars, salt, and saturated fat in packaged foods. The petition argued that such labels shall empower consumers to make informed dietary choices, help reduce the prevalence of diabetes and other non-communicable diseases (NCDs), and address public health concerns related to obesity, hypertension, and cardiovascular conditions.
An affidavit was filed by the Food Safety and Standards Authority of India mentioning that in order to implement Front-of-Pack Nutrition Labelling (FOPNL) requirements, FSSAI had notified a draft of the proposed amendment to FSS (Labelling and Display) Regulations, 2020 on 13.09.2022 and made it available to the public for objections/suggestions.
Following the notification, over 14,000 comments were received from public stakeholders, including Food Businesses, Consumers, Consumer organizations, etc. To analyze the public feedback, FSSAI constituted an Expert Committee on 17.02.2023 which, in its 5th meeting, prepared a report of its recommendations. The report of the expert committee and the amended final (draft) notification of FSS (Labelling and Display) Amendment Regulations, 2022 were to be submitted to the Scientific Committee for recommendation and approval.
Notably, as per FSSAI's affidavit, the amendment sought to be brought in proposes an Indian Nutrition Rating (INR) for FOPNL. This format adopts a star-rating system (from 0.5 to 5 stars) that presents simplified nutrition information on the front-of-pack of pre-packaged foods and provides information on the overall nutritional value of the food and/or on nutrients included in the FOPNL.
Under the INR system, a higher star rating indicates a healthier product. The design is aimed at simplifying the complex nutritional content of packaged foods, enabling consumers to assess products at a glance and encouraging healthier dietary decisions.
Case Title: 3S and Our Health Society v. Union of India & Ors., Writ Petition (Civil) No.437/2024