'National Interest': Supreme Court To Rule On Warning Labels For Packaged Foods

The Court today said it was concerned with the health of people, particularly growing children, and described the issue as being in the national interest.

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  • Supreme Court to rule on front-of-pack warning labels for unhealthy packaged foods
  • Bench calls issue a national interest, focusing on children's health
  • FSSAI proposes phased red hexagonal warnings for high fat, sugar, salt foods

Will these new labelling rules also apply to imported packaged foods?
New Delhi:

The Supreme Court is set to pass an order on Thursday on a plea seeking front-of-pack warning labels (FoPL) for packaged food products containing high levels of sugar, salt and saturated fat, saying the issue concerns the health of people, particularly growing children.

Terming the issue flagged by the petitioners as one of "national interest", a bench of Justice JB Pardiwala and Justice K Vinod Chandran said the Court had also done its homework and would pass an order today, which may be uploaded on the top court's official website on Friday. It asked the parties to study the order and return on September 28 for the next hearing in the case.

"We have also done some homework. We will pass an order today, or maybe it'll be uploaded tomorrow. You study the order and come back. We will keep it on the 28th of September", the Court said.

The observations came in a matter in which the Court had earlier asked the Food Safety and Standards Authority of India (FSSAI) to consider introducing FoPL warnings on packaged foods high in sugar, salt and saturated fat. FSSAI has since filed a compliance affidavit setting out its proposed framework.

The Court today said it was concerned with the health of people, particularly growing children, and described the issue as being in the national interest.

"We are concerned with the health of people, particularly growing children. This is a cause in the national interest", the Court said.

Senior Advocate Devadatt Kamat, appearing for the petitioners in the matter, argued that ultra-processed food should not be placed on the same pedestal as nutritional food such as eggs and salted cashews. 

He submitted that ultra-processed food should carry a higher warning and suggested that a colour other than red could be considered for the warning label. The Court took note of Kamat's suggestions.

FSSAI's response has proposed a prominent red-coloured hexagonal warning on products high in any two or more of added fat, saturated fat, added sugar and salt, based on thresholds specified under the Dietary Guidelines for Indians, 2024. The proposed warnings include "HIGH FAT", "HIGH SALT", "HIGH SUGAR", and "HIGHLY SWEETENED BEVERAGE".

The authority has proposed implementing FoPL in phases, with the first phase covering products high in two or more specified nutrients and the second extending warnings to products high in any one of the specified nutrients.

FSSAI has proposed exempting single-ingredient food products and foods inherently rich in fat, sugar or salt, including ghee, edible oil, salt, sugar, jaggery and honey, subject to applicable food safety and labelling regulations.

The Court's earlier order had noted that FoPL is intended to help consumers make informed decisions about food purchases and healthier dietary choices. It also highlighted obesity as a public health challenge and referred to the health risks associated with unhealthy diets and lifestyles.

The Court had granted the Union two weeks to place its final decision on record and had said it expected the Union to seriously consider the suggestions made on FoPL.

Advocates Rajiv Shankar Dvivedi, Priyanka Parmar, Arti Dvivedi, Sushant Sarkar, Sugandha Bhardwaj, Snigdha Singh, Priya, and Bhushan appeared for the petitioners.

Additional Solicitor General Brijender Chahar appeared for the respondent, FSSAI.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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Supreme Court, Packaging Label, Salt Labelling