The food business operators have requested the Hon’ble Supreme Court to reconsider FSSAI’s proposed use of red for the front-of-pack warnings on packaged foods. They argue that Indian consumers may confuse this color with labels typically associated with non-vegetarian products. This objection arises as Hon’ble Court is set to review the food regulator’s proposed warning label regulations.
According to All India Food Processors Association, the average Indian consumer is habituated to associating colour red with the mandatory non-vegetarian identification mark. The food industry regulator has proposed implementation of red hexagonal warnings on front side of packaged foods that exceed certain thresholds for sugar, salt or fat. These labels would announce declarations like “HIGH SUGAR,” “HIGH SALT” or “HIGH FAT.”
There are concerns from food industry regarding choice of color proposed by the regulator. They echo a question that was previously raised by the Hon’ble Court. In its order dated September 10, the Court asked FSSAI whether it should reconsider its decision to use red as consumers might associate this color with non-vegetarian ingredients. The court has posed a total of 13 questions appertaining to design, placement, nutrient thresholds and implementation of proposed labeling system and scheduled a follow-up for September 28.
As per existing FSSAI labeling rules, packaged non-vegetarian foods must display a brown-filled triangle inside a square with a brown outline while vegetarian products are required to carry a green circle inside a green square.
The food regulator has also revised another part of its original proposal. Initially, it proposed to introduce warnings in phases where the first stage would cover products high in at least two nutrients of concern before extending the requirement to foods high in any one nutrient. In its most recent submission to the Hon’ble Court, the regulator stated its willingness to implement a single phase rollout for front-of-pack warning labels.
According to reports, the regulator has proposed that these warnings be placed in upper-left corner of packaging. The nutrient thresholds for these warnings would be aligned with Dietary Guidelines for Indians 2024 as issued by ICMR National Institute of Nutrition. This latest filing by industry comes in response to previous challenges regarding various aspects of proposed framework.
Food businesses have raised concerns regarding nutrient thresholds and methodology used to determine which products should feature warning labels. The Supreme Court is currently hearing a petition from 3S and Our Health Society, which calls for clearer front-of-pack warnings on packaged foods.
In August and September, the court asked FSSAI to provide more detailed information regarding design and timeline for implementation of warning system. It is important to note that FSSAI’s proposal has not yet become a finalized labeling requirement for now. The regulator informed Hon’ble Court that draft regulations must undergo necessary rule-making process before new labeling regime can come into effect.
Source: MoneyControl
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