New Delhi: The Food Safety and Standards Authority of India (FSSAI) Wednesday told the Supreme Court that it now plans to introduce front-of-pack nutrition warnings in a single phase. The food regulator said that the warnings would apply to packaged foods that are high in even one nutrient of concern, and that food companies would get 365 days to voluntarily comply after the final regulations are notified.
The FSSAI’s response comes after the Supreme Court, in its 10 September order, questioned its earlier proposal to introduce the labels in two phases and sought clarity on 13 aspects of the system, including the nutrient thresholds, the design and size of the warning, use of pictorial symbols, treatment of additives and how nutrition literacy would be improved among schoolchildren.
The court had asked why the labels could not be made mandatory from the “get-go”, and directed the FSSAI to specify a “reasonable and fixed timeline” for implementation.
In its compliance affidavit filed before the court Wednesday, the FSSAI said it would need about four months to issue and finalise the draft regulations.
“FSSAI will notify the draft amendment regulations which are mandatorily required to be published for a period of 60 days for inviting comments from stakeholders… Comments received will be examined; and, subsequently with the approval of food authority the final notification will be forwarded to the ministry for publication in the official gazette,” the food regulator told SC.
But it said that after the notification, companies would get a year to comply.
“There shall be a voluntary implementation period of 365 days by Food Business Operators (FBOs),” the affidavit said.
It cited the FSSAI’s January policy on labelling changes, which provides a minimum 365-day transition period, saying this was necessary to avoid “commercial hardships” to companies that already have pre-printed packaging.
The case relates to a petition seeking mandatory front-of-pack labelling (FoPL) on packaged foods, particularly those high in fat, sugar and salt.
The Supreme Court had earlier directed the Centre and FSSAI to take a decision on the visual form of such warnings, saying FoPL could help consumers make informed choices and contribute to healthier food environments.
One phase, one nutrient criteria for triggering a warning
In an affidavit filed on 28 August this year, FSSAI had proposed a red hexagonal warning for products high in two or more nutrients—added fat, added sugar and salt—with a second phase covering products high in any one nutrient.
The fresh affidavit instead says, “Food products high in any one of the nutrients of concern will also be covered”, in addition to products high in two or more nutrients and specified sweetened beverages.
The limits are based on the Dietary Guidelines for Indians, 2024, issued by the Indian Council of Medical Research-National Institute of Nutrition (ICMR-NIN).
FSSAI has also proposed separate thresholds for added sugar and total sugar. For solid foods, the added-sugar threshold is based on about 5 percent of energy from added sugar, while total sugar should not exceed 10 percent of energy. For liquids and beverages, the corresponding limits are about 10 percent for added sugar and 30 percent for total sugar.
For fat, FSSAI has proposed a threshold based on about 15 percent of energy from added fat, with total fat not exceeding 30 percent.
FSSAI has also said the thresholds would apply irrespective of whether a product is minimally or highly processed.
“Nutrition and processing are distinct concepts. Nutrient content should remain the principal regulatory criterion,” the affidavit states.
Added sugar, fat and trans fat
The regulator has defended its decision to use added sugar and added fat rather than total sugar and saturated fat.
“As an informed choice to the consumer, added sugar and added fat are to be considered preferably rather than the total sugar and saturated fat,” the affidavit says.
On trans fat, FSSAI said it would not be merged with the total or saturated fat calculation because it is neither a natural nor added fat, but develops during processing.
The regulator also pointed out that industrial trans fat is already subject to a separate regulatory limit and disclosure requirement.
The affidavit sets out categories of beverages that would be covered, including carbonated and non-carbonated water-based beverages, fruit drinks, fruit syrups and sharbats, carbonated and non-carbonated caffeinated beverages and other specified fruit-based drinks.
What will the red warning look like?
Responding to questions about the colour and design, FSSAI said the proposed red hexagon would have a white square background and would be placed prominently on the top left of the front of the package.
The font would be at least one point larger than the font used in the nutrition information table at the back, according to the affidavit.
The regulator also addressed the court’s question on whether the red colour could be confused with the red mark used for non-vegetarian foods.
FSSAI said the non-vegetarian logo is a brown square with a triangle, while its proposed warning is a red hexagon on a white square background.
It added that separate pictorial symbols could create “additional scope for confusion or misinterpretation”, particularly where multiple nutrients are involved.
FSSAI also told the court that the proposed front-of-pack system would not itself lead to greater use of preservatives, emulsifiers or other additives. Such additives are already regulated under the food safety regulations, it added.
Responding to SC’s concerns on nutrition literacy, FSSAI said it already runs initiatives such as Eat Right School and campaigns on obesity and healthy eating.
It also said it has proposed including food safety and nutrition literacy in school curricula and encouraging schools to adopt Eat Right School certification.
“Massive campaigns will be organized to sensitize people. Pamphlets in vernacular languages will be distributed. States/UT’s will also be required to conduct awareness programs related to Front-of-Pack Nutrition Labelling (FoPL),” it said.
(Edited by Gitanjali Das)