The Supreme Court of India on Thursday pulled up the
Food Safety and Standards Authority of India (FSSAI) for failing to act on its
earlier direction to consider mandatory front-of-pack warning labels for
packaged foods high in sugar, salt and saturated fat.
"If you can't do it, we
will," the court remarked.
Warning that the apex court
would itself come out with directions on front-of-package labels, a Bench of
Justices JB Pardiwala and K Vinod Chandran questioned whether the regulator was
under pressure from the food industry.
The Bench gave the Centre two
weeks to place its final decision on the issue on record, warning that it would
otherwise issue further directions.
The court's remarks came after
the FSSAI proposed a different labelling approach, displaying recommended daily
consumption limits for added sugar, saturated fat and salt, instead of clear
warnings identifying products high in these ingredients.
Under
the proposal, consumers would be told that the recommended daily intake is 25
grams of sugar, 10 grams of saturated fat and 5 grams of salt, based on the
2024 ICMR-NIN Dietary Guidelines for Indians.
Kerala-based
non-profit organisation 3S and Our Health Society, the petitioner in the case,
argued that such a system would require consumers to read the nutritional
table, locate the relevant figures, and compare them with recommended limits,
defeating the purpose of front-of-pack labelling, which is intended to
facilitate an immediate and informed choice.
The
Bench expressed strong displeasure at the regulator's approach and questioned
why it had not followed the court's earlier direction.
Justice
Pardiwala also remarked whether the FSSAI was “bowing down to the manufacturing
industry” and indicated that the court would itself pass an order if the
regulator failed to act.
The
court also rejected the argument that international standards on food labelling
could not be applied in India.
“Should
India remain as an undeveloped country?” the Bench asked, emphasising that the
primary consideration should be the health of citizens, particularly children.
The
Union government had argued that applying international standards could result
in traditional Indian foods such as namkeen and eggs carrying warning symbols.
It
also raised concerns about the impact on micro, small and medium enterprises,
with the government submitting that a significant portion of their revenue
comes from traditional foods.
The
court, however, was not persuaded by the argument and asked the central
government if it wanted the people of India, especially growing children, to
remain unhealthy.