Supreme Court Questions FSSAI Over Delay in Food Warning Labels

The Supreme Court on Monday questioned the Food Safety and Standards Authority of India over its proposed timeline of nearly two years to implement front-of-pack warning labels on packaged foods. A Bench of Justices J.B. Pardiwala and K. Vinod Chandran asked why the regulator wanted to waste time on fresh public and industry consultations when the issue concerned citizens' health.

What Happened

Responding to a September 10 court order, the FSSAI stated in an affidavit that it needs a four-month period to finalise draft regulations and another 365 days for food business operators to transition. The regulator proposed notifying the labelling norms by July 1 next year. The top court was hearing a public interest litigation filed by non-profit organisation 3S and Our Health Society, represented by advocate Rajiv Shankar Dwivedi, which seeks labels to warn consumers about packaged foods high in salt, sugar and saturated fat. Additional Solicitor-General Brijender Chahar, appearing for the Centre and the FSSAI, explained that an earlier exercise started in 2022 used a different yardstick based on the Indian Nutrition Rating star-rating system.

Label Design

The FSSAI proposed adopting a single-phase approach for the implementation instead of a two-stage plan. The warning label will feature a red hexagon placed against a white, square-shaped background, similar to the format used in Canada. Products exceeding the prescribed threshold for even one nutrient of concern—such as sugar, salt or saturated fat—will carry the warning on the top-left corner of the front package in a font larger than the back-of-pack nutritional information. The thresholds will follow the Dietary Guidelines for Indians, 2024, issued by the ICMR-National Institute of Nutrition.

Context

Front-of-pack warning labels are designed to help consumers quickly identify ultra-processed and packaged foods that contain unhealthy levels of key ingredients like sugar, salt and fat. Courts often step in through public interest litigations to push regulatory bodies for faster implementation of public health policies. Regulatory bodies balance public health protection with industry transition needs when rolling out new packaging mandates.