Mint Explainer | How Supreme Court's 13 questions to FSSAI could shape front-of-pack food labels

The apex court has asked the food safety regulator to justify the scientific basis, design, and rollout of its proposed red-hexagon labels for high sugar, salt, and fat foods. The move could force FMCG brands to reformulate recipes and redesign packaging.

Packaged food products in India may soon feature warning labels such as ‘high sugar’, ‘high salt’, and ‘high fat’ under a framework proposed by the Food Safety and Standards Authority of India (FSSAI).

Before these labels appear on store shelves, however, FSSAI must address key details regarding their format, design, and color before the Supreme Court.

In a 10 September order, the top court asked FSSAI 13 specific questions about its proposed front-of-pack warning labels, seeking clarity on the scientific basis, scope, visual presentation, and implementation timeline of the framework. FSSAI has been directed to file its response within 10 days, ahead of the next hearing scheduled for 28 September.

Mint breaks down the 13 questions raised by the Supreme Court and why they matter for consumers and food companies.

What is the case before the Supreme Court?

The case concerns a public-interest petition filed in 2024 by 3S And Our Health Society, an NGO based in Kerala, seeking mandatory front-of-pack warning labels on packaged foods with elevated levels of sugar, salt and fat.

The goal is to simplify nutritional information for consumers by placing clear warnings on the front of packages rather than requiring them to decipher detailed nutrition tables on the back.

The Supreme Court has been reviewing the measures taken by the government and FSSAI to implement this system. On 13 August, the court urged the Centre to implement front-of-pack warnings, linking the cause to the right to health, particularly for children. FSSAI subsequently placed its proposed framework before the court.

What has FSSAI proposed?

The regulator has proposed red-hexagon warnings for packaged foods such as ‘high fat’, ‘high sugar’, ‘high salt’ and ‘highly sweetened beverage’. The proposal is based on the thresholds specified in the ICMR-NIN Dietary Guidelines 2024.

FSSAI has outlined a two-phase rollout strategy. Phase I would apply to products high in two or more specified ingredients, as well as designated sweetened beverages. Phase II would expand the warnings to cover products high in even a single one of these ingredients. The warning label would be in a font size one point larger than the font used in the nutrition information table.

The Supreme Court has neither approved nor rejected the proposal. Instead, it has asked for answers to 13 specific questions before the framework is finalized.

What questions did the court ask?

The bench of Justice J.B Pardiwala and Justice K. Vinod Chandran sought clarity on the timeline and scientific basis of the two-phase approach, including why products high in two or more ingredients should be covered first.

It also asked FSSAI to explain which sweetened beverages and food categories should be covered, whether processing levels should affect thresholds, and how sugar, saturated fat and trans fat should be calculated.

On the design of the warning, the court questioned its size and placement, the use of red, pictorial symbols, and whether there should be separate warnings for individual ingredients.

It has also raised concerns about possible product reformulation and the increased use of additives, how much time companies will have to comply, and how the government will improve consumer awareness and nutritional literacy, including through schools.

What do these questions mean for FSSAI and food companies?

According to legal experts, the Supreme Court's order carries significant weight and could materially reshape India's final food labelling regime. Shiv Sapra, partner at Kochhar & Co., said while the court's 13 questions are not regulations themselves, FSSAI will now have to provide sound scientific backing for its proposed thresholds, exemptions and warning designs, or face having to reconsider parts of its framework.

Biplab Lenin, partner at Cyril Amarchand Mangaldas, said, “Legally, this is not the court questioning FSSAI's authority to prescribe such labelling requirements. What we are seeing instead is closer judicial scrutiny of how that power is exercised, including whether the eventual framework is scientifically supported and consistent with the legibility and prominence requirements under the applicable labelling regulation,”

He added that a broader regulatory regime could include more products under warning requirements, forcing some companies to reformulate products and subject them to testing and regulatory review to avoid warning labels.

What does this mean for industry compliance and costs?

Industry insiders suggest that a two-stage rollout could offer a practical path forward, provided FSSAI delivers clear product categories, testing thresholds, and implementation timelines. However, undergoing repeated packaging overhauls threatens to drive up expenses across nutritional assessments, lab testing, and artwork redesigns.

“The cost will vary considerably from company to company and cannot be reduced to a single figure. For a company with a large product portfolio, the exercise could involve reviewing formulations and nutritional data, determining which products fall within the applicable thresholds, redesigning artwork and packaging, obtaining approvals, and eventually transitioning existing packaging inventory to the new format,” said Ashwin Bhadri, Founder and CEO, Equinox Labs.

Bhadri added that smaller manufacturers could face a greater relative burden, with total costs ultimately tied to size of product range, packaging formats, inventory turnover speed, and whether reformulation is required.

About the Authors

Krishna Yadav is a Senior Correspondent at Mint, based in New Delhi, and part of the corporate bureau. He joined the newsroom as a trainee in 2023 and quickly grew into his current role. He writes on legal and regulatory developments in corporate India, with a focus on insolvency, taxation, company law, and policy. His reporting includes tracking and breaking key legal stories from the Supreme Court, Delhi High Court, NCLT, and NCLAT.<br><br>With a background in law, Krishna is known for simplifying complex legal developments into clear, accessible stories for readers. His work focuses on trends in corporate law and policy that affect businesses. This ranges from explaining tax disputes—like whether coconut hair oil is edible—to writing on why celebrities are seeking personal rights protection. He closely tracks India’s insolvency system, covering issues such as creditor losses, gaps in the process, and challenges in how the framework works in practice.<br><br>Krishna also tracks developments within law firms—covering hiring trends, how firms help companies navigate global challenges, and how the legal industry is adapting to artificial intelligence. Beyond legal reporting, he has written long-form pieces, including on-ground coverage of the 2024 general elections, capturing the scale and logistics of polling across India.<br><br>Outside work, he enjoys travelling, exploring new places, and reading about geopolitics and history.

Neethi Lisa Rojan is a senior correspondent focusing on the consumer goods and retail sector working from Mumbai for Mint since 2026. She has been a journalist for a little over two years with Moneycontrol and The Morning Context. She has covered the consumer and healthcare sectors in earlier roles. She was a double gold medallist during her bachelor’s from Mahatma Gandhi University Kerala and post-graduation from Pondicherry University. With a background in commerce and journalism, she brings a sharp analytical lens to stories on India’s fast-evolving consumer goods and retail sector.<br><br>With an academic background in business administration and a keen eye for financial statement analysis, she bridges the gap between corporate data and compelling narrative journalism. Her reporting is characterized by a focus on how evolving consumer behaviours and regulatory changes impact India's largest mass-market brands. She is a keen learner with diplomas in international business, human rights and journalism. She specialized in business journalism at the Asian College of Journalism, Chennai. When she is not looking into shopping carts, you can find her explaining the latest conspiracy theory.