The Supreme Court has reserved its order on the implementation of Front-of-Pack Labelling (FoPL) for packaged foods high in sugar, fat and salt, while questioning the Food Safety and Standards Authority of India (FSSAI) over the time proposed for rolling out the warning-label regime.
During the hearing on September 28, a Bench of Justices J.B. Pardiwala and K. Vinod Chandran questioned why food businesses should be given a one-year voluntary compliance period after notification of the regulations. The Court also questioned the need to restart the consultation process when regulatory work on front-of-pack nutrition labelling had already begun several years ago.
FSSAI recently informed the Court that it proposes to introduce a red hexagonal warning symbol on the front of packaged foods exceeding prescribed thresholds for nutrients of concern. The proposed system is broadly based on the Canadian warning-label model and would identify products high in specified nutrients such as added sugar, added fat and salt.
Under the regulator’s proposal, the warning would appear prominently on the front of the pack, with the relevant nutrient or nutrients mentioned within the red hexagon. FSSAI has indicated that the nutrient thresholds would draw upon the Dietary Guidelines for Indians, 2024, issued by ICMR-National Institute of Nutrition.
FSSAI had proposed approximately four months for completing the draft-regulation process, followed by a 365-day voluntary implementation period for food business operators. The Court, however, expressed concern over the extended transition period and sought justification for allowing another year for compliance.
The proceedings are significant for the packaged-food industry as the final framework could require substantial changes in packaging artwork, nutritional declarations and product compliance systems across categories including snacks, bakery products, confectionery, beverages and dairy foods.
India does not yet have a final enforceable HFSS front-of-pack warning framework. The Supreme Court’s forthcoming order is expected to provide further direction on the regulatory process and implementation timeline.
The parties have been asked to place their final written submissions before the Court ahead of its order.