Supreme Court presses FSSAI on slow roll-out of front-of-package food labels

The Supreme Court on Monday turned its scrutiny on the timeline drawn up by the Food Safety and Standards Authority of India (FSSAI) for rolling out front-of-package labelling (FoPL) on packaged foods, asking why the regulator was willing to spend so much time on a matter tied to public health.

A bench of Justices J. B. Pardiwala and K. Vinod Chandran reserved its order in the case after hearing the parties. FoPL refers to a nutritional information graphic printed on food packaging that is meant to help consumers make informed purchases and healthier dietary choices.

The bench told the regulator that while its efforts so far were appreciated, much more remained to be done for the exercise to have meaningful effect. The court said the proceedings were being undertaken for the good of the nation and its citizens, and expected the authority to accept its order in the true spirit.

The judges specifically questioned the proposal to allow voluntary compliance for a year, asking why so much time was needed and why the process of hearing objections had to begin afresh. They noted that the exercise had begun in 2022 and asked what had been achieved in the four years since.

Counsel for FSSAI submitted that what was initiated in 2022 was the Indian Nutrition Rating (INR) star-rating system, which rested on a completely different yardstick. The regulator has since proposed a red hexagonal warning label for packaged products high in nutrients of concern such as sugar, fat and salt, to be displayed against a white square background on the front of the package.

According to the regulator, it would need roughly four months to issue and finalise the draft regulations. The draft amendment regulations would then be published for 60 days to invite comments from stakeholders through domestic consultation and the WTO platform. FSSAI has also proposed a 365-day voluntary implementation period for food business operators once the regulations are notified.

The court had earlier asked the regulator to provide further clarifications on the planned labels for nutrients of concern — fat, sugar and salt. In a compliance affidavit filed last month, FSSAI said its two-phased proposal was intended to give consumers a simple, prominent and easily comprehensible warning about products high in specified nutrients of concern. The phased approach, it said, was meant to facilitate consumer acceptability and give the industry adequate time for reformulation.

The matter arises from a plea by the public charitable trust '3S and Our Health Society', which has sought directions to the Centre, States and Union territories to implement mandatory FoPL on packaged foods.