The Supreme Court on Thursday questioned the Food Safety and Standards Authority of India (FSSAI) over its proposed front-of-pack warning label framework for packaged foods, particularly asking why ultra-processed foods should be treated on the same footing as other packaged products.
A Bench of Justice JB Pardiwala and Justice K Vinod Chandran were hearing a public interest litigation concerning warning labels for packaged food products containing high levels of sugar, salt and fat. The Court sought clarity on the criteria for determining which products would attract warning labels and questioned the regulatory approach towards ultra-processed foods, amid increasing concerns over their impact on public health.
During the hearing, FSSAI indicated that it was willing to consider imposing a warning where a product contains a high level of even one nutrient of concern, instead of limiting the initial phase of the proposed regime to products containing high levels of two or more such nutrients.
The Bench also examined the scientific basis for fixing thresholds for sugar, salt and fat and questioned how such levels should be assessed, whether with reference to 100 grams of the product, its serving size, or both.
Senior Advocate Devadatt Kamat, appearing in the matter, highlighted the distinction between ultra-processed foods and packaged products that may otherwise have nutritional value. Referring to the example of Kurkure and salted cashews, he argued that both products should not automatically be subjected to identical regulatory treatment merely because they are packaged foods.
The proceedings are part of the Supreme Court’s scrutiny of India’s proposed front-of-pack nutrition labelling regime, which seeks to make information on potentially harmful levels of sugar, salt and fat more visible to consumers.
The Court’s questions assume significance as the regulatory framework could have wide-ranging implications for food manufacturers, retailers and consumers, particularly with regard to ultra-processed foods and products high in fat, sugar and salt.
The matter will require FSSAI to explain the scientific and regulatory basis for the proposed classification and warning-label mechanism before the Court considers the way forward.
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