FSSAI tells SC about proposed red warning labels on packaged foods

FSSAI has proposed red hexagonal front-of-pack warning labels for packaged foods high in added fat, sugar and salt. The proposal, submitted to the Supreme Court, seeks phased implementation to help consumers identify unhealthy products and make informed choices, especially for children

New Delhi: The Food Safety and Standards Authority of India (FSSAI) has told the Supreme Court that it has proposed to provide a prominent front-of-pack warning label in red colour for food products which are high in added saturated fat, added sugar and salt.

In a compliance affidavit filed in the apex court, the FSSAI said the proposal is intended to provide a simple, prominent and easily comprehensible warning to consumers regarding food products which are high in specified nutrients of concerns.

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“It is proposed to provide a prominent front-of-pack warning label in a red-coloured hexagonal shape for food products which are high in any two or more of the following nutrients of concern, namely added saturated fat, added sugar and salt, based on the thresholds specified under the Dietary Guidelines for Indians, 2024 issued by ICMR-NIN,” the affidavit said.

It said the warning label shall indicate the applicable declarations, such as “High Fat”, “High Sugar”, “High Salt” and/or “Highly Sweetened Beverage”, as the case may be, to enable consumers to readily identify products high in the specified nutrients.

The affidavit was filed in compliance of the apex court’s August 13 order passed while hearing a plea of public charitable trust ‘3S and Our Health Society’. The petitioner, represented by advocate Rajiv Shankar Dvivedi, has sought directions to the Centre, states and Union territories to implement mandatory front-of-package warning labels (FOPL) on packaged foods.

While hearing the matter on August 13, a bench of justices J B Pardiwala and K Vinod Chandran had slammed the FSSAI over the delay in introducing warning labels on packaged foods and asked if the government “does not want its people to be healthy”. In its compliance affidavit filed in the court, the FSSAI said it has prepared a proposal for providing information relating to added sugar, added fat and salt in pictorial form on the front-of-pack (FoP).

“The warning shall be displayed in a font size one point larger than that used in the nutrition information table on the back of the pack,” it said.

It said the following categories are proposed to be exempted from the front-of-pack warning requirement — single-ingredient food products, and food products which are inherently rich in fat, sugar or salt, such as ghee, edible oil, salt, sugar, jaggery and honey, subject to the applicability of other requirements under the food safety and labelling regulations.

The affidavit said it is proposed that front-of-pack nutrition labelling (FoPNL) be implemented in phases to facilitate consumer acceptability and provide industry adequate time for reformulation. It said while phase I would cover products high in two or more specified nutrients — added fat, added sugar and salt — and specified sweetened beverages, phase II would extend the warning to products high in any one of these nutrients.

“The proposed approach is intended to address the need for an effective and consumer friendly FoP labelling mechanism and to facilitate informed food-choices, particularly in relation to children and other vulnerable group of the population,” the affidavit said.

It said for the purposes of this regulation, a food product shall be considered high in fat, sugar and/or salt (HFSS) where, based on the nutrient-of-concern thresholds specified under the Dietary Guidelines for Indians, 2024 issued by ICMR-NIN (National Institute of Nutrition), the food product is high in any two or more of the following nutrients — added fat, added sugar and salt.

It said this information shall be presented in a ‘red hexagon’ at front-of-pack for food products in the prescribed format. “It is pertinent to mention that the same will be notified by way of an amendment in the respective regulations by following prescribed procedure,” it said.