Now, companies can't make 'tall' claims in food ads

NEW DELHI: The government is set to come down on food and beverage companies which make ���tall��� claims about the benefits of their products through advertisements.

These companies will soon have to follow a code, specifically drawn up for them by the government, that restricts misleading and deceptive claims made to consumers on the effect of products on nutrition, health, exceptional intelligence or physical ability.

In case the companies are found to have made false claims on their products, they could face a monetary penalty of up to Rs 10 lakh.

There is no legal framework in the country regulating advertising standards on food and beverage companies. The Advertising Standards Council has in place a voluntary code for advertisers in general, with no specific guidelines for advertising by food and beverage companies.

The government now plans to restrict and curb wrong, unfair and misleading advertising by food companies. It will draw restricting and penalising powers for deceptive and misleading food advertisements from the Food Safety & Standards Act, passed in 2006, Food Safety and Standards Authority chairman P I Suvrathan told TOI.

Consumers are often bewildered by nutritive and health claims, while children are hugely influenced by advertisements regularly aired by food companies enticing them to buy products, which may be unhealthy or high in sugar, fat or salt.

The draft code says companies should avoid deceptive food advertisements especially for children, as well as misleading nutritive claims of any food. Advertisements should not encourage excessive consumption of foods high in sugar, fat and/or salt and these should not be portrayed in any way that suggests they are beneficial to health.

All claims made by companies in advertisements should be based and supported by scientific evidence, and meet requirements of basic food standards laid under the Food Safety Standards Act. The underlying health benefits of products communicated by companies should also have a sound, authentic basis.

Advertisements should not mislead consumers, especially children, to believe that consumption of a particular product advertised will result directly in personal changes in intelligence, physical ability or exceptional recognition unless supported with adequate scientific evidence, it says.

Advertisements should not disparage good dietary practice or selection of healthy options such as fresh fruits and vegetables. Also, excessive consumption or inappropriate large portions of any particular food should not be encouraged.

Companies should not exploit the lack of experience or knowledge when selling products in rural areas or to children, and health-related claims should be made in accordance with the nature of audience.

Interestingly, celebrities have also been asked to promote or endorse food so as not to undermine a healthy diet and ���recognize their responsibility towards society. The Food Authority proposes to involve Mumbaibased Advertising Standards Council of India to operalization the proposed code.