FSSAI rules: What food companies can and cannot put on labels, packaging

The FSSAI on Sunday issued notices to several brands, including Plan B Plant Based Vegan, The Health Factory, and Neuherbs True Vitamin, among others, in violation of the Food Safety and Standards Act

The Food Safety and Standards Authority of India (FSSAI) on Sunday issued notices to 15 food businesses for misleading consumers regarding brand names, trade names, and product claims.

 

The FSSAI issued notices to several brands, including Plan B Plant Based Vegan, The Health Factory, and Neuherbs True Vitamin, among others, in violation of the Food Safety and Standards Act, 2006. The FSSAI, which is responsible for regulating the production and marketing of food in the country, functions under the Union Health Ministry.

 

This comes days after the regulator issued separate notices to Nestlé India, KFC and Open Secret over complaints related to product quality and hygiene standards.

   

Last week, FSSAI also directed food businesses to immediately stop using metallic pins, wires and similar materials in food products and packaging after a three-year-old child in Maharashtra allegedly swallowed pieces of metal wire hidden inside decorative cake toppers.

 

As concerns over misleading claims, food contamination and unsafe packaging materials grow, it is important to understand what FSSAI's packaging and labelling rules permit, what they prohibit, and the penalties businesses could face for violations.

 

What do FSSAI's packaging and labelling rules say?

 

Food packaging in India is governed by two key frameworks: the Food Safety and Standards (Packaging) Regulations, 2018 and the Food Safety and Standards (Labelling and Display) Regulations, 2020. These rules specify the packaging materials that can be used, the information that must appear on labels, and the claims that food companies are permitted to make.

 

Here’s what the packaging and labelling rules say in broader terms:

 

Brand names and claims must not mislead consumers

 

  According to FSSAI, labels, brand names, trade names and product claims must not mislead consumers about a product's nature, composition or nutritional value. Businesses are prohibited from using terms, imagery or representations that create a false impression about a product's ingredients, quality or health benefits.

 

The recent notices issued to brands such as Plan B Plant Based Vegan, The Health Factory and Neuherbs True Vitamin relate to alleged violations of these provisions.

 

The food regulator also requires every packaged food product to prominently display the FSSAI logo and licence number to help consumers identify the manufacturer and verify regulatory compliance.

 

Additionally, labels must clearly mention the manufacturing or packing date, along with the best-before or use-by date, wherever applicable.

 

Product names and health claims must accurately reflect the food

  

  The name of a food product should be prominently displayed on the label and accurately describe the nature of the product. According to FSSAI, brand names and trade names cannot replace the actual product description or create a misleading impression about the ingredients, composition or nutritional value of the food.

 

Similarly, health and nutrition claims such as "healthy", "high protein", "low fat", "natural", "fresh", "pure", "immunity boosting" or "plant-based" can only be used if they meet the criteria prescribed by FSSAI and are supported by scientific evidence. The FSSAI has prohibited food businesses from making false, exaggerated or unsubstantiated claims about a product's health benefits.

 

Furthermore, packaged foods also need to carry the prescribed vegetarian or non-vegetarian logo in a prominent location on the package. They also need to declare the presence of common allergens, including cereals containing gluten, milk and milk products, eggs, fish, crustaceans, peanuts, tree nuts, soy and sulphites.

 

Packaging materials must be food-grade

 

  The FSSAI’s rules say that any material that comes into direct contact with food, including during storage, transportation, sale and service, must be of food-grade quality and should not alter the food's composition, taste, smell or safety. FSSAI, in an Instagram post last week, reiterated this, saying that wrapping food in newspaper – a practice which is very common across the country – is under scrutiny and appealed for safer alternatives.

 

Packaging must be suitable for storage and transportation conditions

 

  According to FSSAI, food businesses need to ensure that packaging materials are suitable for the type of food being sold and compatible with storage, filling, sealing and transportation conditions. The packaging should also be able to withstand mechanical, chemical and thermal stress during normal handling and transit, while food products must be packed in clean, hygienic and tamper-proof containers. Sealing materials should also be compatible with both the food product and the packaging system, FSSAI rules state.

 

Moreover, food brands using plastic packaging should comply with prescribed Indian Standards and migration limits to prevent harmful chemicals from leaching into food.

 

Labels must carry mandatory information and be easy to understand

 

  All packaged food products need to display essential information that enables consumers to make informed choices, according to the food safety regulator. Mandatory declarations include the name of the food, list of ingredients, nutritional information, allergen details, vegetarian or non-vegetarian symbol, net quantity, manufacturing or packing date, best-before or use-by date, FSSAI logo and licence number, and the name and address of the manufacturer, packer or marketer. Additionally, the company should also provide storage instructions must also be provided wherever applicable.

 

Furthermore, all declarations should be clear, prominent and easy to read, as stated by FSSAI. Labels must be printed in either English or Hindi, although additional languages are permitted as long as they do not contradict the information provided. Mandatory information should not be obscured, hidden or detached from the package, and labels must remain legible under normal conditions of purchase and use.

 

E-commerce platforms must display label information

 

  According to FSSAI, e-commerce, food delivery and quick-commerce platforms are required to display mandatory product information to consumers before they complete a purchase.

 

This requirement is particularly relevant in light of recent complaints involving products sold through quick-commerce channels.

 

What are the penalties for food safety violations?

 

According to the FSSAI, violations of its packaging and labelling rules can attract penalties under the Food Safety and Standards Act, 2006, depending on the nature and severity of the offence. While misbranding and misleading advertisements can result in fines of up to ₹3 lakh and ₹10 lakh, respectively, the sale of substandard food can attract penalties of up to ₹5 lakh.

 

Food businesses selling unsafe food may face higher penalties, including fines of up to ₹10 lakh. In cases where unsafe food causes injury or death, the individual or companies responsible may face imprisonment in addition to monetary penalties.

 

Apart from financial penalties, FSSAI may also direct companies to recall products, remove misleading claims or packaging, suspend or cancel licences, and take corrective measures to prevent future violations.