Supreme Court to pass order on warning labels for packaged foods high in sugar, salt and fat

New Delhi: The Supreme Court is set to pass an order on Thursday on a plea seeking front-of-pack warning labels (FoPL) on packaged food products containing high levels of sugar, salt and saturated fat.

A bench of Justice JB Pardiwala and Justice K Vinod Chandran described the issue as one of “national interest” and said it was particularly concerned about the health of growing children.

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

The bench said it had considered the matter and would pass an order on Thursday, which may be uploaded on the Supreme Court’s official website on Friday. It asked the parties to study the order and return on September 28 for the next hearing.

The matter relates to an earlier direction by the Supreme Court asking the Food Safety and Standards Authority of India (FSSAI) to consider introducing front-of-pack warning labels on packaged foods high in sugar, salt and saturated fat. FSSAI has since filed a compliance affidavit outlining its proposed framework.

FSSAI proposes red warning labels

According to FSSAI’s proposal, products high in any two or more of added fat, saturated fat, added sugar and salt would carry a prominent red-coloured hexagonal warning label.

The thresholds have been proposed based on the Dietary Guidelines for Indians, 2024. The proposed warnings include “HIGH FAT”, “HIGH SALT”, “HIGH SUGAR” and “HIGHLY SWEETENED BEVERAGE”.

FSSAI has proposed implementing the warning system in phases. The first phase would cover products high in two or more of the specified nutrients, while the second phase would extend the warnings to products high in any one of them.

The authority has also proposed exempting single-ingredient foods and products inherently high in fat, sugar or salt, including ghee, edible oil, salt, sugar, jaggery and honey, subject to existing food safety and labelling regulations.

Petitioners seek stronger warnings for ultra-processed food

Senior Advocate Devadatt Kamat, appearing for the petitioners, argued that ultra-processed food should not be treated on the same footing as nutritionally valuable foods such as eggs and salted cashews.

Kamat submitted that ultra-processed foods should carry a stronger warning and suggested that a colour other than red could also be considered for the labels. The Court took note of his suggestions.

The Supreme Court had earlier observed that front-of-pack labels are intended to help consumers make informed decisions when buying food and encourage healthier dietary choices.

The Court had also highlighted obesity as a public health challenge and referred to the health risks associated with unhealthy diets and lifestyles.

It had earlier granted the Union government two weeks to place its final decision on the issue on record, while stating that it expected the government to seriously consider the suggestions made regarding 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 FSSAI.