The Supreme Court on Monday questioned the Food Safety and Standards Authority of India over the time proposed for introducing front-of-package warning labels on packaged food products, asking why implementation should be delayed when the issue concerns public health.
A bench of Justices J B Pardiwala and K Vinod Chandran reserved its order after examining FSSAI’s proposed framework, which includes red warning labels for packaged foods containing high levels of nutrients of concern such as sugar, fat and salt.
The court particularly questioned the proposed 365-day voluntary implementation period for food business operators after the regulations are notified.
The bench said it appreciated the steps taken by the authority but observed that further measures were required to give meaningful effect to the objective of the exercise. It also questioned the need to restart the process of inviting objections and sought to know what had been done since the regulatory exercise began in 2022.
FSSAI Explains Change From 2022 Proposal
Counsel appearing for FSSAI told the court that the system considered in 2022 was the Indian Nutrition Rating star-rating model and that the parameters underlying that proposal were different from the framework now under consideration.
Under the latest proposal, the regulator plans to introduce a red hexagonal warning symbol against a white square-shaped background on the front of packaged food products containing high levels of specified nutrients.
FSSAI informed the court that it would need around four months to issue and finalise the draft regulations.
The proposed draft amendment regulations would remain open for comments for 60 days through domestic consultation as well as the World Trade Organization platform.
After the regulations are notified, FSSAI has proposed allowing food business operators a voluntary implementation period of 365 days.
Court Had Sought Clarification On Warning Labels
The Supreme Court had earlier asked FSSAI to provide further clarification on its proposed phased implementation of front-of-package labelling and the planned warnings relating to fat, sugar and salt.
The case arises from a plea filed by public charitable trust 3S and Our Health Society seeking directions to the Centre, states and Union territories for mandatory implementation of front-of-package labelling on packaged foods.
Front-of-package labelling provides nutritional information on the front of food packaging to help consumers make informed purchasing and dietary choices.
FSSAI had earlier informed the Supreme Court that it proposed a prominent red front-of-pack warning label for products high in added saturated fat, added sugar and salt.
In a compliance affidavit filed last month, the regulator said its two-phase proposal was designed to provide consumers with a simple, prominent and easily understandable warning about products containing high levels of specified nutrients of concern.
The affidavit also stated that phased implementation was proposed to improve consumer acceptability and give the food industry sufficient time to reformulate products.
