Supreme Court to FSSAI: Why take two more years for warning labels on packaged food?

The Supreme Court on Monday questioned the Food Safety and Standards Authority of India (FSSAI) over its proposal to take nearly two years to roll out front-of-pack warning labels (FoPL) on packaged foods, asking why the regulator wanted to "waste so much time" on fresh public and industry consultations when the issue concerned citizens' health.

A Bench of Justices J.B. Pardiwala and K. Vinod Chandran made the remarks while pressing the food safety regulator to expedite the introduction of warning labels on packaged foods that are high in sugar, salt and saturated fat.

The court was hearing a public interest litigation petition filed by non-profit organisations 3S and Our Health Society, represented by advocate Rajiv Shankar Dwivedi. The petitioners have argued that such labels are needed to warn children and other consumers about packaged foods containing high levels of salt, sugar and saturated fat, and the potential harm to health. They have sought labelling norms on the lines of those in force in other jurisdictions.

What the regulator told the court

Responding to the court's September 10 order, which raised questions over the size, colour and placement of the proposed labels as well as the timeline for their implementation, the FSSAI said in an affidavit filed last week that the draft regulations would require a four-month process of consultation and finalisation. It proposed notifying the labelling norms by July 1 next year, after which food business operators would be given another 365 days to transition to the new regime, a step the regulator said was intended to keep hardship to industry to a minimum.

The Bench was not persuaded. "Why voluntary compliance for a year? Why do you need so much time? Why do you want to start afresh with the exercise of hearing and calling for objections? You started in 2022. What did you do in the last four years?" the court asked, before reserving its order in the matter.

Additional Solicitor-General Brijender Chahar, appearing for the Centre and the FSSAI, submitted that the exercise initiated in 2022 concerned the Indian Nutrition Rating (star-rating) system and rested on a different yardstick from the warning-label regime now under consideration. "Today, the yardstick is completely different. We have set four months for drafting the regulations. The rest we leave it to my Lords — how much time should be given for compliance," he said.

Balance sought on timeline

Justice Pardiwala acknowledged the steps taken by the regulator so far but said much more remained to be done to give meaningful effect to the court's objective of protecting public health. The Bench indicated that it would seek to strike a balance while fixing a reasonable timeline to roll out the labels.

"We appreciate whatever you have done so far, and we appreciate your initiative, but there is a lot which is required to be done to give meaningful effect to what we want to achieve... We are undertaking this entire exercise for the good of the nation, for the good of the citizens, so we expect the authority to accept our order in its true spirit," the Bench said.

The court made clear that its forthcoming directions would be binding on the regulator and said it expected the FSSAI to implement them "scrupulously" and in their "true spirit". It also indicated that it would keep the matter pending to monitor compliance.

"We will now pronounce the final order. We will again keep it for some time to ensure due compliance with each and every direction. Do not disappoint us on the day when the matter comes up for reporting compliance," the Bench told the regulator.

Single-phase approach

In an earlier affidavit, the FSSAI had told the court that it was prepared to roll out FoPL for packaged foods in a single phase, departing from its earlier proposal for a two-stage implementation based on the number of nutrients of concern present in a product.

Why the labels matter

India carries a growing burden of non-communicable diseases such as diabetes, hypertension and cardiovascular conditions. Public health researchers have linked this in part to diets heavy in processed foods containing high levels of added sugar, salt and saturated fats. Front-of-pack warning labels, adopted in countries such as Chile and Mexico, are designed to give consumers simple, at-a-glance information to make healthier choices. Industry bodies have generally sought longer transition periods, citing packaging redesign and compliance costs.

The court's directions, expected when it pronounces its final order, will determine the pace at which these labels reach Indian shelves.