Supreme Court Questions FSSAI on Delay in Implementing Food Warning Labels
In a significant development, the Supreme Court of India has raised concerns over the Food Safety and Standards Authority of India’s (FSSAI) delay in implementing front-of-pack warning labels on packaged food items high in sugar, salt, and saturated fats. A bench comprising Justices JB Pardiwala and KV Viswanathan voiced their apprehensions during a hearing on Thursday.
Previously, the Court had encouraged FSSAI to consider such labeling as a measure to protect public health. However, the Court observed that the FSSAI appeared reluctant to proceed, potentially yielding to pressure from food manufacturing corporations. The bench critically questioned the FSSAI’s hesitation, noting that corporate entities might be influencing the regulatory body.
“Are you taking the court for a toss? There is immense pressure from corporate houses, and you are succumbing to it,” remarked the bench. “We are doing this in public interest. Keep it in mind. We are not doing it for ourselves. Why are you not abiding by our order? What have you done so far? We know the pressure on you. Will you do it on your own or should we pass an order?”
The FSSAI’s argument that introducing warning labels would also affect traditional Indian foods like namkeens did not find favor with the Court. The bench emphasized the need for public awareness and health, particularly for growing children. Justice Pardiwala and Justice Viswanathan remarked, “You don’t want people of this country to remain healthy? More particularly, growing children?”
The Court acknowledged that it is not against any specific food product but is advocating for transparency so consumers are informed about their dietary choices. The bench highlighted the disparity in food affordability, pointing out, “In this country, how many people can afford dry fruits? And how many children buy Kurkure? That makes all the difference. We only want the person purchasing it to know what he is consuming.”
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The Supreme Court has given the Central Government and FSSAI a two-week window to make a conclusive decision on the matter. “This is your (Union) last chance. Next time we will dictate the judgment,” the Court cautioned.
This hearing stemmed from a public interest litigation (PIL) seeking the display of warning labels on packaged food items. The Court had previously disposed of the PIL, directing an expert committee formed by FSSAI to finalize its recommendations. Despite deliberations and stakeholder feedback, a conclusive decision remains pending, according to an affidavit submitted by FSSAI.
The Additional Solicitor General, Brijender Chahar, representing FSSAI and the Union of India, argued that Indian food’s inherent richness in salt, fat, and sugar makes global labeling standards unsuitable. However, the Court dismissed this view, stressing the need for public health awareness.
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The bench also questioned the role of manufacturers in opposing such measures, asserting that consumer discretion should not be undermined. “Manufacturers may not like this because it may affect their business. Even after these warnings, it’s the discretion of the person who purchases it. He may still purchase it or he may not purchase. Why are you (FSSAI) reluctant to do this?”
The Supreme Court has warned that it may issue an order if the FSSAI does not act promptly. The Court also rejected the notion that India should have different standards from international norms, emphasizing that India’s concern for its citizens’ health should be evident globally.
The Court concluded by dismissing a manufacturer’s attempt to intervene, reinforcing its focus on citizens’ health over business interests.
