Supreme Court Directs FSSAI on Front-of-Pack Labelling for Unhealthy Foods

The Supreme Court of India has directed the Food Safety and Standards Authority of India (FSSAI) to consider mandating front-of-package (FOP) warning labels on packaged foods that are high in sugar, salt, and saturated fat.

Background

• Petition filed: The legal push came from a petition filed by an NGO named “3s and Our Health Society,” which argued that consumers have a “Right to Health” under Article 21 (Right to Life) of the Constitution.
  • The NGO contends that consumers deserve to know exactly what they are consuming because this information is vital to their health.
• Supreme Court Directive: A two-judge bench ordered the FSSAI to respond within four weeks.

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The Health Crisis in India

• Rising Burden of Non-Communicable Diseases (NCDs) : High sugar, salt, and saturated fat intake is linked to diabetes, hypertension, and cardiovascular diseases. India is witnessing an epidemic of lifestyle diseases, largely fuelled by ultra-processed foods.
  • The 2023 ICMR-INDIAB study reported:
    • 101 million Indians (11.4%) have diabetes.
    • 136 million have prediabetes.
    • Hypertension (35.5%), abdominal obesity (39.5%), and high cholesterol (24%) are widespread.

Industry Tactics and the “Bliss Point”

• Bliss Point Strategy: The processed food industry is said to use a “Bliss Point” strategy, which involves finding the perfect addictive ratio of salt and sugar to keep consumers coming back for more.
• Opaque Nutritional Disclosure Practices: Companies often display nutritional information in small fonts on the back of packets.
• Judicial Push for Front-of-Pack Labelling: The Supreme Court has directed that health warnings and key nutritional details be displayed prominently on the front of packages in clear, large letters to enable informed decision-making.

Challenges in Implementing Front-of-Pack Labelling (FOPL)

• Institutional Inertia and Delay: Despite committing in 2020 to introduce front-of-pack labelling norms, the FSSAI has failed to operationalise effective regulations even by 2026, reflecting administrative inertia.
  • The Supreme Court of India strongly criticised the Food Safety and Standards Authority of India’s report, expressing dissatisfaction with the lack of meaningful progress in strengthening public health safeguards.
• FSSAI’s Star Rating Proposal: FSSAI favours a rating-based system (1–5 stars), similar to energy-efficiency labels on appliances, to simplify consumer choice.
  • However, the public health advocates argue that star ratings can be misleading.
    • Example: Fruit juice may receive a high rating for vitamin content despite its high sugar content.
• Demand for Warning-Based Labelling: Health groups support explicit warning labels, similar to those used in countries such as Chile, that clearly state “High in Sugar” or “High in Salt” to help ensure informed decisions.
• Industry Lobbying and Policy Paralysis: Regulatory delays are also partly due to strong lobbying by ultra-processed food corporations, which influence policymaking.
  • There are concerns that regulatory authorities are prioritising industry interests over public health.

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Conclusion

Clear front-of-pack warnings empower consumers with actionable information, shifting the focus from treating lifestyle diseases to preventing them through informed dietary choices.

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