Key Update

The Food Safety and Standards Authority of India (FSSAI) has told the Supreme Court that it plans to introduce front-of-pack nutrition warnings (FoPL) in a single phase. The warnings would apply to packaged foods high in even one nutrient of concern. Food businesses would get 365 days to comply voluntarily after the final regulations are notified.

The proposal follows the Supreme Court’s September 10 order questioning FSSAI’s earlier two-phase approach. The court sought clarity on 13 aspects of the proposed system. These include nutrient thresholds, warning design, pictorial symbols, additives and nutrition awareness among schoolchildren. The court also questioned why the warnings could not become mandatory from the “get-go”. It directed FSSAI to provide a fixed timeline for implementation.

Four Months to Finalise Regulations

In its compliance affidavit filed before the Supreme Court on Wednesday, FSSAI said it would need around four months to issue and finalise the draft regulations. The draft will undergo a mandatory 60-day public consultation, after which FSSAI will examine stakeholder comments, obtain Food Authority approval and forward the final notification to the Ministry for publication in the official Gazette.

Companies would then get a 365-day voluntary implementation period. FSSAI cited its January labelling policy, which provides a one-year transition period to reduce commercial hardship for businesses with pre-printed packaging. The case concerns a petition seeking mandatory FoPL for packaged foods, particularly those high in fat, sugar and salt.

Warnings to Cover One or More Nutrients

FSSAI’s August 28 proposal called for red hexagonal warnings on products high in two or more nutrients — added fat, added sugar and salt. A second phase would cover products high in any one nutrient. The latest proposal removes this phased approach. The warning would apply from the outset to products high in any one nutrient of concern, as well as products high in two or more nutrients and specified sweetened beverages.

The proposed thresholds are based on the Dietary Guidelines for Indians, 2024, issued by the ICMR-National Institute of Nutrition. For solid foods, FSSAI has proposed limits of about 5% of energy from added sugar and 10% from total sugar. For liquids and beverages, the limits would be about 10% for added sugar and 30% for total sugar. For fat, the proposed threshold is about 15% of energy from added fat, while total fat would be capped at 30%. The thresholds would apply regardless of the level of processing. FSSAI said nutrient content would remain the primary regulatory criterion.

Red Hexagon Proposed on Front of Pack

FSSAI has proposed a red hexagonal warning on a white square background, positioned prominently on the top-left of the package. The warning font would be at least one point larger than the font used in the nutrition information table on the back. The regulator said the design would remain distinct from the existing non-vegetarian symbol, which uses a brown square and triangle. It also said separate pictorial symbols for individual nutrients could create confusion when multiple nutrients trigger a warning.

Focus on Added Sugar and Fat

FSSAI has proposed using added sugar and added fat, rather than total sugar and saturated fat, as key criteria for the warnings. The regulator said trans fat would remain separate because it can develop during food processing and is already subject to specific regulatory limits and disclosure requirements.

The proposed system would cover several beverage categories, including water-based beverages, fruit drinks, syrups, sharbats, caffeinated beverages and specified fruit-based drinks.

Nutrition Awareness Measures

FSSAI told the court that FoPL would not lead to greater use of preservatives, emulsifiers or other additives, which are already regulated under food safety rules. To improve nutrition literacy, the regulator cited initiatives such as Eat Right School and proposed including food safety and nutrition education in school curricula. It also plans mass awareness campaigns, information materials in regional languages and awareness programmes by States and Union Territories on front-of-pack nutrition labelling.

Source: The Print