The Supreme Court on Friday sought from the Centre and Food Safety and Standards Authority of India (FSSAI) a reasonable timeline to implement red hexagonal
front-of-pack labelling (FoPL) in packaged food to warn consumers of high levels of added salt, sugar and saturated fat. The Bench headed by Justice J B Pardiwala in an order uploaded today after yesterday’s hearing also sought basis of FSSAI’s plan to implement the labelling in two phases and also queried how the country’s apex food regulator proposed/what is the criteria that will be adopted to identify the specific food or beverages that will fall under phase-I and II. The FSSAI and Centre has been asked to respond to these questions through an affidavit within 10 days and the court has fixed the next date of hearing as September 28. It is to be noted that FSSAI had yesterday proposed implementing the labelling in two phases giving industry time to reformulate products. As per their plan phase-I was to cover products high in two or more specified nutrients --added sugar, salt and saturated fat while phase-II would extend warnings to products high in any one of the specified nutrients. After pulled up by SC recently, FSSAI had proposed red colour front-of-pack warning labels on packaged foods. FSSAI said “aim is to make nutritional info easier to spot at a glance” “CHILDREN OUR PRIME CONCERN” Justice Pardiwala who yesterday said the court was concerned about the health of people, especially growing children, also said it would like the Centre to respond on how schools plan to incorporate through curriculum, initiatives, workshops etc., the manner in which information provided in packaged food items, including nutritional information, FoPL etc., must be interpreted, and other aspects relating to nutritional literacy. “In recognition of the vulnerable position that children are vis-à-vis impulse or uninformed dietary decision-making, we are of the view some action must be taken in this regard.”, the court said
SC SOUGHT VIEW OF UNION AND THE FSSAI ON FOLLOWING QUESTIONS
1) What is a reasonable and fixed timeline that the FSSAI envisages for the implementation of the two phases of red hexagon sugar,salt and fat content labelling currently proposed?
2) What is the basis for the FSSAI to suggest the inclusion of food products high in ‘two or more nutrients -of-concern and specified sweetened beverages in Phase I, and the inclusion of food products high in ‘any one’ nutrient -of-concern in Phase II respectively?
3) How does the FSSAI propose to identify the specific sweetened beverages which fall under Phase I of the proposal? Additionally, what are the threshold levels of the specific nutrient(s)-in-concern for such beverages?
4) Whether, in their calculation of the threshold levels for each nutrient-of-concern, the FSSAI wishes to account for the difference between food categories 2 and 3 respectively in the FoPL?
5) Whether, in their calculation of the threshold levels for each nutrient-of-concern, the FSSAI wishes to account for the difference between food groups B (moderately processed with no additives) and C (excessively processed with additives) respectively in the FoPL?
6) Whether the threshold limits for Fat and Sugar are to be calculated on the basis of ‘Total’ Sugar and ‘Saturated Fat’ as indicated in the Stakeholders meeting conducted on 29.10.2021? Furthermore, how would trans-fat levels be factored into the calculations of the fat content for the purpose of the FoPL?
7) Considering that an average Indian consumer is habituated into associating the colour red with non-veg ingredients, would it be necessary for the FSSAI to revisit the choice of colour for the FoPL?
8) What are dimensions of the ‘red hexagon’ proposed to be used in the FoPL? Whether it would have standardized specifications or whether it would be calculated in proportion to the area of the package? Whether the font size used for the FoPL would be relative to the dimensions of the hexagon themselves? The manner and method of the placement of such hexagon(s)?
9) Without the presence of distinct pictorial representations for each nutrient-of-concern in the FoPL, how does the FSSAI propose to cater to the diverse levels of comprehension, literacy, and reading capability of the consuming population?
10)Why has the FSSAI suggested a combined/composite/singular hexagon for two or more nutrients-of-concern instead of separate/distinct/individual hexagons for each nutrient-of-concern?
11)How would the FSSAI regulate the potential increase in the use of artificial preservative, emulsifiers etc., which may result as a consequence of the implementation of the FoPL?
12) Once the final regulations making the FoPL mandatory come to be notified, whether a voluntary period for compliance is envisaged? If yes, for how long?
13)How the Union of India proposes to incorporate through curriculum, initiatives, workshops etc., (i) the manner in which information provided in packaged food items, including nutritional information, FoPL etc., must be interpreted, and (ii) other aspects relating to nutritional literacy, at the school-level?
