'This is your last chance': SC ultimatum to Centre over delay in front-of-pack food warning labels
The Supreme Court expressed strong disapproval of the continuing delay by the Food Safety and Standards Authority of India (FSSAI) in finalising front-of-pack warning labels for packaged foods high in sugar, salt or saturated fat.
The Court granted a two-week deadline for a definitive decision, describing it as the regulator's last opportunity to act before the Court issues its own binding directions.
The Court dismissed arguments citing the need to protect "traditional foods" or to align with varying foreign labelling standards as insufficient grounds for further delay, prioritising the interest of public health, particularly of children.
The proceedings arise from a pending public interest litigation (PIL) seeking mandatory, clearly visible front-of-package warnings on packaged foods.
FSSAI and the Food Safety and Standards Act, 2006
The Food Safety and Standards Authority of India (FSSAI) is the statutory regulator for food safety and labelling in India, established under the Food Safety and Standards Act, 2006. It consolidates earlier fragmented food laws (such as the Prevention of Food Adulteration Act, 1954) into a single framework and is empowered to frame regulations on packaging, labelling and standards for food articles.
Key Details
- FSSAI functions under the Ministry of Health and Family Welfare and is headquartered in New Delhi.
- Section 92 of the FSS Act, 2006 empowers FSSAI to make regulations on labelling and display requirements for food products.
- FSSAI's labelling powers are currently exercised through the Food Safety and Standards (Labelling and Display) Regulations, 2020, which are being amended to introduce front-of-pack nutrition labelling (FoPNL).
- A 2022 draft notification proposed an "Indian Nutrition Rating" — a health-star-style rating system — as India's FoPNL model, but it has faced stakeholder pushback and repeated delay in finalisation.
The Court's intervention targets FSSAI's prolonged delay in notifying final FoPNL regulations under its Section 92 rule-making power, threatening to use judicial directions to compel action if the regulator continues to stall.
Front-of-Pack Nutrition Labelling (FoPNL) — Policy Models and Global Practice
Front-of-pack labelling is a public-health tool that displays simplified nutritional information (on sugar, salt, saturated fat, or overall healthfulness) on the front of packaged food, intended to enable consumers to make quick, informed choices, distinct from the detailed nutritional information panel required on the back of the pack.
Key Details
- Common global FoPNL models include: warning labels (e.g., Chile, Mexico — black octagon "high in" warnings), star ratings (e.g., Australia's Health Star Rating), and traffic-light systems (e.g., UK).
- FSSAI's proposed "Indian Nutrition Rating" is a star-rating model (half a star to five stars) based on an algorithm scoring overall nutritional profile, which critics argue is less effective than a direct warning label at flagging specific nutrients of concern.
- The 2024 ICMR-National Institute of Nutrition (NIN) Dietary Guidelines for Indians recommend limiting free sugar, saturated fat and salt intake, and are cited as the scientific basis for FSSAI's proposed thresholds.
The core dispute before the Court is between a warning-label approach (favoured by public health advocates as more directly protective, especially for children) and FSSAI's proposed star-rating model, which critics say dilutes the health message.
Judicial Review of Regulatory Inaction — Continuing Mandamus
Indian courts, particularly in public interest litigation, have used the tool of "continuing mandamus" — repeated judicial monitoring and interim directions — to compel a reluctant regulator or executive authority to act within a reasonable time, especially in matters of public health and welfare linked to Article 21 (right to life).
Key Details
- A writ of mandamus directs a public authority to perform a statutory duty it has failed to perform; "continuing mandamus" involves the court retaining seisin of the matter and issuing periodic directions until compliance.
- Courts have previously used this technique in environmental and public health PILs (e.g., vehicular pollution in Delhi, and food safety matters) where regulators delayed rule-making despite statutory duty.
- The right to health and access to safe food is read as part of the right to life under Article 21.
The Court's ultimatum to FSSAI — warning that it will pass its own binding order if the regulator fails to decide within two weeks — is a textbook instance of continuing mandamus being used to enforce a public-health rule-making duty.
- FSSAI established under the Food Safety and Standards Act, 2006; regulates food safety and labelling nationally.
- Section 92, FSS Act 2006 — FSSAI's rule-making power for labelling and display regulations.
- 2022 draft FoPNL regulations proposed the "Indian Nutrition Rating" (star-rating, 0.5 to 5 stars).
- Over 14,000 stakeholder representations were received on the 2022 draft FoPNL notification.
- Scientific basis cited: 2024 ICMR-NIN Dietary Guidelines for Indians.
- Supreme Court deadline for FSSAI's final decision: two weeks from the latest hearing.
- Right to health/safe food is read into Article 21 (Right to Life) of the Constitution.