Acidity Regulators In India: A Legal And Health Perspective

Acidity regulators are amongst the most common yet overlooked ingredients in our daily food. From bread and biscuits to jams and beverages, these additives control pH levels, enhance flavours, and extend shelf life. But what are the laws which govern their use in India? How do such regulators balance consumer safety with commercial needs?

There are growing concerns about food additives. The regulatory framework has also evolved in order to address such concerns, especially as consumption of processed foods is increasing. It is imperative to explain what acidity regulators are, elucidate the legal landscape governing them in India, and provide insights on important health considerations which every individual needs to know.

What Are Acidity Regulators?

The Food Safety and Standards Authority (FSSAI), India, classifies acidity regulators as food additives. The function of regulators is to stabilise the pH level in food products. Citric acid used in carbonated drinks, Sodium Fumarate in bread, and Potassium Malate in biscuits are all examples of such regulators. Their function is to prevent spoilage, provide the necessary texture, and enhance taste. However, their misuse can adversely impact health. Hence. regulation is critical.

The Legal Framework for Acidity Regulators in India

Food Safety and Standards Authority of India (FSSAI)

Under The Food Safety and Standards Act, 2006 which consolidates the various laws relating to food in India, the Food Safety and Standards Authority of India (FSSAI) was established in 2008. Its charter is to lay down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto.

The Food Safety and Standards Authority of India formulated the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 (“Food Additives Regulations”) to provide detailed guidelines on the permissible use of food additives. They provide food product standards in respect of Dairy products and analogues; Fats, oils and fat emulsions; Fruit & vegetable products; Cereals and cereal products; Meat and meat products; Fish and Fish Products; Sweets & confectionery; Sweetening agents including Honey; Salt, spices, condiments and related products; Beverages like tea, coffee, mineral water etc.; and other food products like baking powder etc. They include various aspects such as essential composition and quality factors, description, styles, food additives, contaminants, toxins and residues, hygiene, labelling, methods of sampling and analysis. The standards are also laid down for food such as proprietary food; gluten free food; radiation processing of food; and Hemp seeds and seed products. A separate chapter, specifically, Regulation 3.1, lays down the regulation and standards in respect of Food Additives including food colours, sweetener, yeast, lactic acid, preservatives, acidity regulators, antioxidants and processing aids.

Import Regulations

For imported food products containing acidity regulators, additional regulations apply. The Food Safety and Standards (Import) Regulations, 2017 require all imported food to comply with domestic standards. Importers must ensure that any acidity regulators in their products are permitted under Indian law and used within prescribed limits.

Case Laws: Judicial Interpretations of the Regulations

Judicial interpretations have played a significant role in clarifying the application of these regulations.

1. Pernod Ricard India Pvt. Ltd. vs. Union of India (AIR 2015 (NOC) 1280 (BOM)

Wine products of the petitioner under it's “Jacob's Creek” brand were withheld by the Port Authorities at Nhava Sheva Port, Mumbai on the ground that the FSSAI had refused to issue a No Objection Certificate (NOC) with respect to these wine products that were imported by the Petitioner. The ground on which the NOC has been refused is that the sample contained two acidity regulators: Tartaric Acid (INS334) and Ascorbic Acid (INS315) which are not permitted as per Appendix A of the Food Additives) Regulations.

The Bombay High Court after hearing both parties concluded that the use of food additives is permissible if they are specified either in the Regulation or in the Appendix of the Regulation. The court emphasised that the conjunction "and" in the Regulation should be interpreted disjunctively. Meaning that inclusion in either the regulations or the appendix suffices. This interpretation allowed for greater flexibility in the use of approved additives.

2. Dharampal Satyapal Ltd. vs. Union of India – [High Court Of Jharkhand At Ranchi | W.P. (C) No. 3346 of 2022]

This case was on the detection of magnesium carbonate in certain brands of pan masala. The petitioner argued that the Food Safety and Standards Act does not treat Magnesium Carbonate as injurious to health. It is a permitted additive under the Food Additive Regulations and it is a permitted additive in all items of food under the Good Manufacturing Practices (GMP).

The court noted that magnesium carbonate is mentioned under Appendix B of the regulations as a recognized acidity regulator, anti-caking agent and colour retention agent. However, the court also considered the health implications and the lack of specific prohibition in the regulations, ultimately highlighting the need for a balanced approach between regulatory compliance and public health concerns.

Labelling Requirements for Acidity Regulators

The Food Safety and Standards (Packaging and Labelling) Regulations, 2011 mandates proper labelling of food additives. These regulations have been further updated with the Food Safety and Standards (Labelling and Display) Regulations, 2020, which came into force in 2022.

Mandatory Disclosure Requirements

Food manufacturers must:

1. List all additives:
   Every acidity regulator must be mentioned in the ingredients list
2. Use of proper nomenclature: Additives must be indicated by their specific names or recognized international numerical identifications (INS numbers, similar to E-numbers in Europe)
3. Mention class or INS number: The functional class (i.e., "acidity regulator") must precede the specific name or INS number
4. Warning statements: For certain acidity regulators with known health effects, specific warnings may be required

For example, a product containing citric acid should list "Acidity regulator (Citric acid)" or "Acidity regulator (INS 330)" in its ingredients.

In the Centre for Public Interest Litigation v. Union of India (AIR 2014 SC 49) case, the Delhi High Court emphasized the importance of transparent labelling of food additives, stating that consumers have the right to know exactly what substances they are consuming.

Front-of-Pack Labelling

With the operationalization of the Food Safety and Standards (Labelling and Display) Amendment Regulations 2022, India has moved towards more consumer-friendly disclosures. There is ongoing discussion about introducing front-of-pack labelling (FOPL) that would highlight foods high in certain additives, including some acidity regulators, though this has not yet been fully implemented.

Health Implications of Acidity Regulators

General Safety Standards

Approval from FSSAI on the use of acidity regulators is based on scientific evidence regarding their safety. Most approved regulators have undergone rigorous testing and have been evaluated by international bodies such as the Joint FAO/WHO Expert Committee on Food Additives (JECFA). However, safety is often dependent on consumption levels. The legal framework in India acknowledges this by establishing Acceptable Daily Intake (ADI) values for various additives.

Health Concerns and Case Studies

While acidity regulators are generally recognized as safe when used within prescribed limits, certain health concerns have emerged:

1. Phosphoric acid: It is used in soft drinks to provide a tangy flavour and prevent the growth of mold and bacteria. Too much phosphorus can however decrease the amount of calcium in the body, leading to bone loss. It can also impair the body's ability to use other minerals, such as iron, zinc, and magnesium. People with chronic kidney disease would also need to monitor the amount of phosphorus in their diet, because their kidneys may be unable to remove excess phosphorus
2. Sodium-based regulators: High sodium intake is associated with increase in blood pressure, incidences of hypertension and cardiovascular diseases. The legal limits for sodium-based acidity regulators are in place to address these concerns.
3. Dental erosion: This occurs when the acidic additives from food or beverages starts to dissolve and soften the enamel surface of your teeth.

A Public Interest Litigation (3S And Our Health Society vs Union Of India on 9 April, 2025), sought the implementation of mandatory Front pf Package Labels (FOPL) to clearly indicate the levels of ingredients enabling consumers to easily identify products and make a decision. The Supreme Court in its order directed the expert committee constituted by the FSSAI to prepare its recommendations on FOPL expeditiously and submit its report to the court within three months. It also directed the FSSAI to make the necessary amendments to the Food Safety and Standards (Labelling and Display) Regulations, 2020 based on the recommendations of the report submitted.

Enforcement Frameworks to ensure Compliance

Testing:

1. Food businesses compulsorily need to:
1. Undertake product testing at least twice (April – September & October – March) in a financial year, where the gap between two mandatory testing instances should not be less than 3 months – according to the FSSAI rules.
2. Maintain adequate internal control measures such as establishing and maintaining a food Safety Management System (FSMS), keeping proper records of sources of their raw materials, processing parameters, storage conditions, cleaning schedules and product recalls;

Penalties for Non-Compliance:

The Food Safety Standards Act, 2006 (“FSS Act”) prescribes punishments for violations of the various obligations regarding food safety. Certain selected provisions are given below:

1. Section 50 - 51: Any person who sells food which is not in compliance with the provisions of the FSS Act or regulations, or which is sub-standard can be punished with
   fine of up to Rs. 5 lakhs;
2. Section 53: Any person who falsely advertises or misleads the customer regarding the quality of the food, or gives false guarantees, can be punished with a fine of up to Rs. 10 lakhs;
3. Section 59: Any person selling food that is unsafe for consumption is prescribed to be - in cases where such failure does not lead to injury, imprisonment up to 6 months and fine up to Rs. 1 lakh; But for cases where such failure leads to any injury including death, varying degree of punishment is provided, starting from imprisonment up to one year and fine up to Rs. 3 lakhs to imprisonment for life and fine up to Rs.10 lakhs)
4. Section 63: Punishment for carrying out a food business without obtaining the required license shall be imprisonment of up to 6 months and a fine up to Rs. 5 lakhs;

Moving Toward Natural Alternatives

In recent years, there has been a growing shift towards natural additives, those derived from plants minerals and other naturally occurring substances, to enhance flavour, nutrition and preservation. To keep pace with this trend, the FSSAI introduced the Food Safety and Standards (Organic Foods) Regulations, 2017, which govern the use of natural acidity regulators.

Consumer Awareness and Rights

With a rising health consciousness, consumer awareness campaigns and consumer redressal mechanisms have become a critical focus area for all stakeholders. Through educational initiatives like the "Eat Right School/Campus" movement or “Food Safety Mitra” campaign, “Detect adulteration with Rapid Test (DART)” resource, an increased awareness about food additives is encouraged.

Further, awareness campaigns around consumer rights have empowered consumers to understand that they can now file complaints more easily if they believe a product contains unauthorized additives or if the labelled information is misleading.

Though food additives play a role in food processing today, their use must be balanced with oversight and consumer transparency. This is what the legal framework that currently exists around this subject, is attempting to do. By constantly evolving, responding to the changes in trends and advances in nutrition science, and introducing various consumer-awareness programs, the FSSAI is playing the role of an effective regulator.

As consumers, understanding the regulations around food safety empowers us to make informed choices. As legal practitioners, knowing and providing the correct guidance to ensure compliance with these regulations is crucial for food businesses to avoid penalties and maintain consumer trust.

An examination of the jurisprudence in this regard shows that the regulatory landscape for acidity regulators continues to evolve, with increasing emphasis on transparency, safety, and consumer rights. By staying informed about these developments, both consumers and food businesses can contribute to a healthier food ecosystem in India.

Author: Vishal Vijayrao Kale is the Founder and Managing Partner of Kale and Shinde Associates; Sabhan Satish Chavan is a Research Fellow at Kale and Shinde Associates. Views are personal.