Supreme Court Calls Front-of-Pack Food Warnings a National Interest, Order Expected

The Supreme Court is set to pass an order on a plea seeking front-of-pack warning labels (FoPL) on packaged foods high in sugar, salt and saturated fat, with a bench stating that the matter concerns public health, particularly that of growing children.

A bench of Justice JB Pardiwala and Justice K Vinod Chandran described the issue raised by the petitioners as one of national interest. The Court said it had also examined the matter and would issue its order, which may be uploaded on the top court's website the following day. The parties have been asked to study the order and return on September 28 for the next hearing.

"We are concerned with the health of people, particularly growing children. This is a cause in the national interest," the bench observed.

The case follows an earlier direction by the Court asking the Food Safety and Standards Authority of India (FSSAI) to consider introducing FoPL warnings on packaged foods high in sugar, salt and saturated fat. FSSAI has since filed a compliance affidavit setting out its proposed framework.

Senior Advocate Devadatt Kamat, appearing for the petitioners, argued that ultra-processed food should not be treated on the same footing as nutritional foods such as eggs and salted cashews. He submitted that ultra-processed products should carry a stronger warning and suggested that a colour other than red could be considered for the label. The Court took note of his suggestions.

FSSAI's proposal provides for a prominent red hexagonal warning on products high in any two or more of added fat, saturated fat, added sugar and salt, based on thresholds specified under the Dietary Guidelines for Indians, 2024. The proposed warnings include "HIGH FAT", "HIGH SALT", "HIGH SUGAR" and "HIGHLY SWEETENED BEVERAGE".

The authority has proposed a phased rollout. The first phase would cover products high in two or more of the specified nutrients, while the second would extend warnings to products high in any one of them. FSSAI has also proposed exempting single-ingredient foods and items inherently rich in fat, sugar or salt, including ghee, edible oil, salt, sugar, jaggery and honey, subject to applicable food safety and labelling regulations.

The Court's earlier order noted that FoPL is intended to help consumers make informed decisions about food purchases and adopt healthier dietary choices. It also flagged obesity as a public health challenge and referred to the health risks linked to unhealthy diets and lifestyles. The Union was earlier granted two weeks to place its final decision on record, with the Court saying it expected the suggestions on FoPL to be seriously considered.

Advocates Rajiv Shankar Dvivedi, Priyanka Parmar, Arti Dvivedi, Sushant Sarkar, Sugandha Bhardwaj, Snigdha Singh, Priya and Bhushan appeared for the petitioners. Additional Solicitor General Brijender Chahar appeared for FSSAI.