Front of package norms divide stakeholders on implementation timeline

The Supreme Court’s (SC’s) scrutiny of mandatory front-of-pack nutrition labelling (FoPNL) for packaged foods high in sugar, salt, and fat has sharpened the divide over when the rules should take effect.

The Food Safety and Standards Authority of India (FSSAI) has proposed a single-phase regime under which packaged foods exceeding prescribed thresholds for any nutrient would carry a red hexagonal warning on the front of the pack. Thresholds draw on the 2024 Dietary Guidelines for Indians, issued by the Indian Council of Medical Research-National Institute of Nutrition.

On September 28, an SC Bench of Justices J B Pardiwala and Vinod Chandran questioned FSSAI’s proposed 365-day voluntary compliance period. It questioned the need for consultation after consideration since 2022.

Monika Arora, vice-president (research and health promotion) at the Public Health Foundation of India (PHFI), said the delay had deferred an important public health opportunity. Such warnings would help consumers identify products that may pose health risks, she said.

Front-of-pack warnings are a public health imperative for protecting children and young people from marketing of unhealthy food and beverages, Arora said. Timely implementation would help prevent non-communicable diseases, she added.

A Parliamentary Standing Committee had also expressed dismay at the delay in finalising the regulations. The committee said the delay had left consumers without simplified front-of-pack information, particularly on sugar content.

“The absence of simple interpretative tools such as warning labels or colour-coded indicators limits the effectiveness of such disclosures in guiding consumer behaviour,” the report added.

FoPNL gives consumers at-a-glance information on packaged food to help them make informed dietary choices.

FSSAI notified the draft regulations on September 13, 2022. More than 14,000 stakeholder comments had been received, the Parliamentary Standing Committee on Consumer Affairs, Food and Public Distribution said in a July report.

While health experts are pressing for swift implementation, the packaged food industry wants a longer transition.

The Ind Food & Beverage Association (IFBA) said a two- to three-year transition from the date of final notification would be a realistic starting point, subject to the final scope and complexity of the requirements.

“This would allow micro, small and medium enterprises and other food manufacturers to assess product portfolios, validate nutrient classifications, redesign labels and packaging, and align manufacturing and supply chains,” Deepak Jolly, chairman of IFBA, told Business Standard.

Jolly said implementation should be time-bound but balance the urgency of consumer information with operational realities. Industry players said packaging costs could be passed on to customers.

“Non-compliant printed labels or packaging material may need to be scrapped, the cost of which we may need to recover from our customer in case we have procured them on their behalf,” Thimmaiah Napanda, managing director and chief executive officer of rigid plastic packaging manufacturer Alternicq, told Business Standard. He said the impact on existing inventory was generally manageable because the company did not typically hold large stocks of empty packaging.

The All India Food Processors’ Association had earlier told PTI that thresholds should reflect scientific evidence, international standards, Indian consumption data, product differences, and stakeholder submissions.

Arora of PHFI, however, said the case for further delay was weakening. The rising prevalence of overweight and obesity, alongside the growth of the packaged food and beverage market, warranted quick implementation, she said.

“Between National Family Health Survey (NFHS)-3 (2005-06) and NFHS-5 (2019-21), overweight or obesity among adults increased from roughly 9 per cent to 23 per cent in men and 13 per cent to 24 per cent in women. Among children under five, overweight prevalence rose from 2.1 per cent in NFHS-4 (2015-16) to 3.4 per cent in NFHS-5,” Arora said.

“Every day of delay in implementing effective FoPNL is a missed opportunity to promote healthier choices, improve food environments and prevent future non-communicable diseases,” she said.

Kerala-based petitioner 3S and Our Health Society had opposed FSSAI’s proposed implementation period in a rejoinder, while reserving further comment.

FSSAI and the petitioner were contacted for comment but did not respond before publication.