The Supreme Court of India has given the Food Safety and Standards Authority of India (FSSAI) a dressing down over the delay in implementing mandatory front-of-pack warning labels for foods high in sugar, salt, and fat, media reports stated.

Giving the center and FSSAI a final two-week deadline to submit a concrete decision on the issue, a bench comprising Justices JB Pardiwala and KV Viswanathan warned, “This is your last chance. Next time we will dictate the judgment.”

“Why? You don’t want people of this country to remain healthy? More particularly growing children?” the court asked.

The development follows a public interest litigation (PIL) filed by 3S and Our Health Society, seeking stronger measures to address the growing burden of lifestyle-related diseases such as diabetes and obesity.

The push for labels

Putting public health first, the court questioned the regulator’s approach, asking, “You don’t want people of this country to remain healthy? More particularly growing children?”

The bench expressed concern that commercial interests could be taking precedence over public health. While manufacturers may fear an impact on sales, the court emphasized that consumers have a right to understand what they are eating.

Questioning FSSAI’s alternative proposal of displaying numerical daily limits, the court indicated that requiring consumers to calculate percentages at the point of purchase may not be effective, particularly given differences in literacy and health awareness. The court has instead pushed for clear, interpretive front-of-pack warnings, such as prominent symbols indicating high levels of sugar, salt, or fat.

Why FSSAI is hesitant

The central government and FSSAI, represented by additional solicitor General Brijender Chahar, have pointed to several concerns about adopting stricter warning-label requirements.

Impact on traditional foods: Strict thresholds based on international standards could result in many commonly consumed Indian foods, including namkeen, carrying prominent warning labels.

Economic concerns for MSMEs: The government argues that the potential impact on small businesses, noting that traditional foods represent a significant share of MSME revenue.

The FSSAI has previously considered approaches such as the Indian Nutrition Rating (INR) star system and numerical nutrition information. Health advocates have criticized these approaches as less immediately understandable than prominent warning labels.

The Supreme Court’s latest intervention puts renewed pressure on the Centre and FSSAI to decide whether India should adopt mandatory, easy-to-understand front-of-pack warning labels for foods high in sugar, salt, and fat, balancing public-health concerns with the potential impact on food manufacturers and MSMEs.

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Naresh Khanna – 10 February 2025

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