Draft regulation to ensure accurate labels and claims

New processing techniques and better supply chain infrastructure have infused new vigour into India’s food industry, even in the trying economic conditions. The industry’s dynamism has been matched by the constantly evolving regulations of the Food Safety and Standards Authority of India (FSSAI).

A lot has happened since the Food Safety and Standards Act, 2006 (FSSA), replaced the Prevention of Food Adulteration Act, 1954. The FSSA introduced the system of “standards” which are proven scientifically and shifted the statutory focus to compliance instead of prosecution.

The FSSA governs the packaging and labelling of food products in India. Section 23 of the act prohibits the manufacture, distribution, sale, exposure for sale, dispatch and delivery to any agent or broker for the purpose of sale of any packaged food products which are not marked and labelled as may be specified by the regulations.

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Draft regulation

Food product labelling requirements are governed by the Food Safety and Standards (Packaging and Labelling) Regulations, 2011. But in view of growing concerns over food safety and to keep consumers adequately informed about the food they consume, the FSSAI has circulated a draft Regulation on Labelling (Claims). The draft regulation aims to ensure that the label of every food product properly depicts the information about its contents and does not make any claim which is misleading or capable of creating confusion in the mind of the consumer.

The draft regulation is a progressive extension of the FSSA and a sincere attempt on the part of FSSAI to adopt US Food and Drugs Administration and Codex international standards in Indian legislation and to align the existing requirements with enactments of the International Organization of Legal Metrology.

FSSAI has ably utilized its earlier experience of prosecuting various well-known products on the ground of making false and misleading claims under sections 24 and 53 of the FSSA. The authority has also attempted to make labelling law more stringent and effective.

Selected highlights

Highlights of the draft regulations include:

(1) Whenever a food product is sold through a website or using mobile phones or any other direct selling means, the statutory requirements of the label as prescribed under the draft regulation must be provided to the consumer before the purchase.

(2) Pre-packaged food labels cannot contain any statement, claim, design, device, fancy name or abbreviation which is false, misleading or deceptive or likely to create an erroneous impression in any respect.

(3) All health and nutrition claims must be based on science and supported by sound and sufficient scientific evidence.

(4) Nutritional claims such as “fat free”, “high protein” and “light/lite” will be permitted under the prescribed conditions only.

(5) Claims containing adjectives such as “natural”, “traditional” and “premium” must comply with the prescribed conditions.

(6) All food products imported into India must have at least 60% of their shelf life remaining on the date of landing at the port of import.

(7) All nutritional and health claims on products intended for children must be accompanied by the following declaration in bold: “regular balanced diet is important for children in their growing up years”.

(8) The food authorities may at any time ask the manufacturer or brand owner of any food product to substantiate a claim scientifically and/or furnish details regarding the safety and efficacy of nutrients added or modified.

(9) Words such as “complete”, “planned” and “absolute” can be used only under prescribed conditions.

(10) Disease risk reduction claims require prior approval by FSSAI.

Conclusion

There is no denying that consumers in India should be more informed about what they are consuming and what they have been offered for consumption. But rules and regulations made to achieve this objective should be simple and easy to comply with. For example, the requirement to inform the consumer about the label information before making any sale through a website, mobile phone or direct sale seems impractical. What is required is that the consumer is actually being informed.

FSSAI has also wrongly treated the brand name or trademark at par with the claims. A specific enactment governs the use of the trade name or brand and digression to such subject matter is unwarranted. Further, a new process of prior approval of disease risk reduction claims can be useful only if the maximum turnaround time is prescribed.

The draft regulation is definitely a step in the right direction. It provides an excellent opportunity for manufacturers to scrutinize their products and claims and be well prepared for the coming challenges.

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By Sidhartha Srivastava and Gurmeet Kainth, DH Law Associates