NEW DELHI: The Supreme Court has sought further clarification from the Food Safety and Standards Authority of India (FSSAI) on its proposed phased implementation of front-of-package labelling (FoPL) for packaged foods, particularly the proposed warning labels for products high in fat, sugar and salt.
A bench of Justices J B Pardiwala and K Vinod Chandran on Thursday also asked the Centre to explain how nutritional literacy would be promoted in schools, observing that children face a serious risk of developing unhealthy eating habits. The court directed the Union government to respond on how schools could incorporate nutritional information, including the interpretation of FoPL, through curriculum, initiatives and workshops. The matter has been posted for hearing on September 28.
The proceedings arose from a plea filed by public charitable trust 3S and Our Health Society, seeking mandatory implementation of front-of-package labelling on packaged food products by the Centre, states and Union Territories.
The FSSAI had earlier informed the top court that it proposed prominent red warning labels for products high in added saturated fat, added sugar and salt. In an affidavit filed last month, the regulator proposed a two-phase implementation, stating that the approach was intended to ensure consumer acceptability while providing the food industry adequate time for reformulation.
Under Phase I, the proposed system would cover products high in two or more specified nutrients of concern, along with specified sweetened beverages. Phase II would subsequently extend the labelling requirement to products high in any one of the specified nutrients.
The Supreme Court, however, questioned the absence of a clearly defined timeline separating the two phases. It observed that consumer acceptability and additional time for industry reformulation could not, by themselves, justify uncertainty over implementation and directed the FSSAI to provide a reasonable, scientifically justified and clearly defined transition period.
The bench also sought details on how specific sweetened beverages would be identified under Phase I and what nutrient thresholds would apply to them. It further sought clarification on the proposed font size, the use of pictorial representations for fat, sugar and salt, and the placement of FoPL on food packages. The FSSAI has been directed to file its response within 10 days.
The court also raised concerns over the FSSAI’s predominantly word-based warning system, noting that such an approach assumes varying levels of literacy, comprehension and reading ability among consumers across different regions, languages and age groups.
The bench observed that an inclusive labelling system should ideally combine written warnings with pictorial representations of individual nutrients of concern to make nutritional information more accessible to India’s diverse population.
The court further noted that food purchasing and consumption patterns in India cannot be addressed through a single blanket approach, particularly as digital purchasing of food products is becoming increasingly common. It said such changes in consumer behaviour should also be considered while designing the proposed front-of-package labelling system.
