The Food Safety and Standards Authority of India (FSSAI) has proposed the introduction of prominent, pictorial front-of-pack warning labels on packaged food products containing high levels of added sugar, saturated fat or salt, following sharp judicial scrutiny by the Supreme Court over the delay in establishing an effective warning-label regime.
The proposal was placed before the Supreme Court through a six-page compliance affidavit filed in a Public Interest Litigation seeking mandatory front-of-pack disclosures for packaged foods containing excessive quantities of fat, sugar and salt. The proposed system envisages red-coloured hexagonal symbols designed to provide consumers with an immediate and easily comprehensible indication of the nutritional risks associated with such products.
Under the proposed framework, a red warning symbol would be required on products containing high levels of two or more specified nutrients during the first phase of implementation. The parameters would be determined with reference to the Dietary Guidelines for Indians, 2024, issued by the Indian Council of Medical Research and the National Institute of Nutrition.
Depending upon the nutritional composition of a product, the front-of-pack warning could carry declarations such as “HIGH FAT”, “HIGH SUGAR”, “HIGH SALT” or “HIGHLY SWEETENED BEVERAGE”. The regulator has proposed that the warning be displayed in a font size at least one point larger than that used in the nutrition information panel appearing on the reverse of the package, thereby ensuring greater visibility at the point of purchase.
The FSSAI has proposed a phased implementation of the warning-label mechanism. During the first phase, products exceeding the prescribed thresholds for any two or more of the specified nutrients, along with designated highly sweetened beverages, would fall within the regulatory framework. The second phase would expand the requirement to products exceeding the threshold for even one of the specified nutrients.
According to the regulator, the phased approach is intended to give manufacturers sufficient time to reformulate products while simultaneously advancing consumers’ right to receive clear and meaningful information concerning the nutritional characteristics of packaged foods. Particular emphasis has been placed on enabling children and other vulnerable sections of the population to make more informed dietary choices.
The proposed regime would, however, exclude certain single-ingredient products and foods that are inherently high in fat, sugar or salt. Products such as ghee, edible oils, salt, sugar, jaggery and honey have been identified as falling within the proposed exemptions, although they would remain subject to other applicable food safety and labelling requirements.
The regulatory shift comes shortly after the Supreme Court expressed strong reservations over the government’s handling of front-of-pack nutritional warnings. The Bench of Justice JB Pardiwala and Justice K Vinod Chandran had questioned why the authorities had moved away from an earlier approach favouring interpretive warning labels and instead adopted a system requiring consumers to interpret recommended daily nutritional limits.
The Court had observed that merely providing numerical information concerning recommended quantities may not sufficiently assist an ordinary consumer in understanding whether a particular packaged product contains excessive levels of sugar, salt or saturated fat. The Bench also raised concerns regarding the possible influence of the packaged-food industry on the regulatory process and stressed that public health considerations could not be subordinated to commercial interests.
The Court’s intervention was particularly informed by concerns surrounding the growing consumption of highly processed and packaged foods and their impact on children and adolescents. It questioned the Union’s position that international approaches to food labelling could not simply be adopted in India and emphasised the need for regulatory mechanisms capable of effectively protecting public health.
The proceedings arise from a Public Interest Litigation instituted by 3S and Our Health Society, which has sought mandatory front-of-pack warning labels to enable consumers to identify packaged food products containing excessive quantities of nutrients associated with adverse health outcomes.
The FSSAI’s latest proposal represents a significant departure from its earlier position and brings India’s regulatory approach closer to the growing international practice of using prominent interpretive warnings on the front of food packaging. The proposal will now be subject to the applicable regulatory process before the warning system can acquire binding legal force.
The development assumes significance not merely as a question of food labelling, but as part of a broader regulatory debate concerning the consumer’s right to meaningful information, the State’s obligation to safeguard public health and the extent to which commercial considerations may influence the formulation of health-related standards.
The Supreme Court is continuing to monitor the regulatory response in the pending proceedings.
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