Judgment Emphasizes Consumer Health and Urges Quick Action on Nutritional Labelling Regulations
In a significant judgment, the Supreme Court of India has directed the swift implementation of Front-of-Pack Warning Labels (FoPL) on packaged foods, a move aimed at enhancing consumer awareness of nutritional content and promoting healthier dietary choices. The judgment, delivered by Justices J.B. Pardiwala and K.V. Viswanathan, underscored the importance of public health and the right to health of citizens, emphasizing the need for clear labelling on packaged foods to inform consumers about levels of sugars, salt, and saturated fats.
The case, titled 3S and Our Health Society v. Union of India, was initiated as a Public Interest Litigation (PIL) under Article 32 of the Indian Constitution, seeking the implementation of FoPL to ensure that consumers are better informed about the nutritional content of the food products they purchase. The court recognized the international prevalence and public health significance of such labelling.
The Supreme Court directed the Food Safety and Standards Authority of India (FSSAI) to expedite the process of amending and implementing the necessary regulations. The FSSAI has been tasked with refining the Indian Nutrition Rating (INR) model, which uses a star-rating system to provide simplified nutritional information on pre-packaged foods, assisting consumers in making healthier dietary choices.
The judgment also highlighted the role of the FSSAI as a regulatory body under the Food Safety and Standards Act, 2006, responsible for food labelling standards. The FSSAI had previously notified draft regulations and received over 14,000 comments from stakeholders, including food businesses, public health organizations, and consumers. An Expert Committee was constituted to analyze this feedback and refine the INR model.
The court expressed dissatisfaction with the progress reported by the FSSAI in their compliance affidavit and emphasized the need for further research and stakeholder consultation. The FSSAI has been directed to conduct surveys to assess the use of label information by consumers and to ensure that the final regulations reflect a broad consensus.
The Supreme Court has set a timeline for the FSSAI to report back with their progress, reiterating the importance of the issue for public health. The judgment represents a critical step towards enhancing consumer rights and promoting healthier eating habits in India.
Statutory provision(s):
Article 32 of the Constitution of India, Food Safety and Standards Act, 2006 Sections 16 and 23, Food Safety and Standards (Labelling and Display) Regulations, 2020
3S and Our Health Society v. Union Of India, (SC) : Law Finder Doc id # 2853478