SC questions FSSAI over its proposed timeline for implementation of front-of-package labelling

New Delhi, The Supreme Court on Monday questioned the Food Safety and Standards Authority of India over its proposed timeline for implementation of front-of-package labelling on packaged foods and asked why it wants to waste so much time when the matter relates to the health of citizens.

Front-of-package labelling is a nutritional information graphic on food packaging that can assist consumers in making an informed decision about food purchases and healthier dietary choices.

A bench of Justices J B Pardiwala and K Vinod Chandran said why does FSSAI want to waste so much time when the matter relates to the health issue of the citizens.

"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 and where we want to reach. We are undertaking this entire exercise for the good of the nation and for the good of the citizens. We expect the authority to accept our order in its true spirit.

"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 bench remarked while reserving its order in the matter.

The counsel for FSSAI told the court that what was initiated in 2022 was Indian Nutrition Rating star-rating system in 2022 and the yardstick was completely different then.

The FSSAI has now proposed adopting a red hexagonal warning label for packaged food products high in nutrients of concern such as sugar, fat and salt and it would use a red hexagon against a white square-shaped background on the front of food packages.

The food regulator told the top court that it would require approximately four months to issue and finalise the draft regulations.

It told the apex court that the draft amendment regulations would be published for 60 days to invite comments from stakeholders through domestic consultation and the WTO platform.

Further, FSSAI has proposed a 365-day voluntary implementation period for food business operators after notification of the regulations.

The top court had earlier asked the FSSAI, which has proposed phased implementation of front-of-package labelling on packaged foods, to come up with more clarifications on the planned labels of "nutrients of concern", fat, sugar and salt.

The apex court was hearing a plea of the public charitable trust '3S and Our Health Society' which sought directions to the Centre, states and Union territories to implement mandatory FoPL on packaged foods.

The FSSAI had earlier told the top court that it proposed to provide a prominent front-of-pack warning label in red for food products high in added saturated fat, added sugar and salt.

In a compliance affidavit filed last month, the FSSAI said the two-phased proposal is intended to provide a simple, prominent and easily comprehensible warning to consumers regarding food products which are high in specified nutrients of concern.

The FSSAI's affidavit stated that the FoPL is intended to be implemented in phases to facilitate both "consumer acceptability" and "provide the industry adequate time for reformulation".

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