FSSAI open to stricter warning labels as SC presses for food safety

India’s food regulator told the Supreme Court on Thursday that it is open to adopting stricter food labelling measures than those proposed earlier, following criticism that its two-phased approach could delay warning labels.

The Food Safety and Standards Authority of India (FSSAI) last month proposed initial red-coloured hexagonal warning labels for products exceeding limits in at least two of three categories, added sugar, salt or saturated fat. It had proposed making the labels stricter in the second phase.

During the hearing, the Supreme Court questioned the regulator on why it was taking a two-phased approach, which activists had described as too lenient. Justice JB Pardiwala questioned whether a warning label would be required only when a product exceeded limits for both sugar and salt.


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“It has to be sugar and salt. Only then will you ask them to put a label?” Pardiwala said, stressing the word “and”.

The FSSAI’s lawyer, Additional Solicitor General of India Brijender Chahar, said the regulator could roll out the two phases “in one go”. This would mean products high in even one of the three nutrients — added sugar, salt or fat — could carry a red hexagonal warning label.

Health experts have criticised the two-nutrient approach, calling it an “industry-friendly loophole” that could allow many products to escape scrutiny.

The food industry, meanwhile, has raised concerns over the proposed labelling regime. The All India Food Processors' Association has sought a review, arguing that many staples could carry warning labels and that this could affect the image of Indian food globally.

During Thursday’s hearing, the industry group’s lawyer argued that labels should be based on a per-serving measure rather than the proposed 100-gram benchmark, pointing out that “nobody can eat 100 grams of pickle”. The industry has backed a per-serve approach, while many other countries use a 100-gram benchmark.

The Supreme Court has been hearing pleas from health groups seeking stricter food labelling measures and has repeatedly questioned delays in their implementation.

“We are concerned about the health of people especially growing children. Everyone should come forward in this cause which is in the national interest,” said a bench led by Justice JB Pardiwala.

The court has asked all parties to study the order to be passed later in the day and submit their suggestions on September 28, the next date of hearing.

(With inputs from agencies)