SC grants Fssai 3-month extension to decide on front-of-pack labels

The Supreme Court extends the deadline for FSSAI expert committee to submit recommendations on mandatory front-of-pack labels for packaged food items, addressing public health concerns

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The Supreme Court has granted the expert committee under the Food Safety and Standards Authority of India (Fssai) another three months to submit its recommendations on the proposed introduction of mandatory warning labels on the front of packaged food items. Earlier this year, in April, the apex court had already allowed a 90-day extension to the committee for its recommendations on the amendments proposed by the Fssai regarding Front-of-Pack Warning Labels (FOPL) on packaged foods, to inform customers about the sugar, salt, and fat contents.

 

On the insistence of the Centre, a bench comprising Justices JB Pardiwala and R. Mahadevan granted a further three months on 15 July, stating it would be the last opportunity for the committee.

 

"This is an application at the instance of the Union of India praying for extension of time by a further three months to enable the Expert Committee to prepare its Report as directed by this Court...We grant further time of three months for one last time, failing which we shall proceed to take appropriate steps in accordance with law," the court order of 15 July stated.

 

The direction was passed following a public interest litigation plea filed by 3S and Our Health Society, highlighting the urgent need for interpretive labels that clearly indicate levels of sugar, salt, and saturated fat in packaged foods. The plea argued that such labels would 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. 

 

In an affidavit filed by the FSSAI, it was stated that to implement the Front-of-Pack Nutrition Labelling (FOPNL) requirements, a draft of the proposed amendment to the FSS (Labelling and Display) Regulations, 2020, was notified on 13 September 2022 and made available to the public for objections/suggestions. Following the notification, over 14,000 comments were received from public stakeholders, including food businesses, consumers, and consumer organisations.

 

To analyse the public feedback, the Fssai constituted an expert committee on 17 February 2023. In its fifth meeting, the expert committee prepared a report containing its recommendations. The report of the expert committee and the amended final draft notification of the FSS (Labelling and Display) Amendment Regulations, 2022, were to be submitted to the Scientific Committee for recommendation and approval.

 

According to Fssai's affidavit, the proposed amendment aims to introduce an Indian Nutrition Rating (INR) for FOPNL. This format employs a star-rating system (ranging from 0.5 to 5 stars) that presents simplified nutrition information on the front of pre-packaged food items, providing information on the overall nutritional value of the food and/or the nutrients included in the FOPNL. Under the INR system, a higher star rating indicates a healthier product. The design aims to simplify the complex nutritional content of packaged foods, enabling consumers to assess products quickly and make healthier dietary decisions more easily.