Should India remain underdeveloped? SC raps Centre over packaged food warning labels

The Supreme Court has asked the Centre to decide the visual format for front-of-package food labelling within two weeks. The bench said clear warning labels are vital for public health, especially as children consume more junk food.

In Short

• SC said junk food addiction among children makes consumer awareness urgent
• Judges criticised FSSAI for slow progress on warning labels for packages
• Court cited Chile, Israel and Canada while rejecting implementation difficulty claims

The Supreme Court has asked the Centre to decide on the visual appearance of front-of-package labelling on pre-packaged food products and questioned its stand that matching international standards was not possible. The court said it did not approve of the Centre's position and asked, "Should India remain an underdeveloped country? That's the question we are putting forward for the Union to consider."

Hearing a plea filed by public charitable trust 3S and Our Health Society, a bench of Justices JB Pardiwala and K Vinod Chandran said front-of-package labelling, or FOPL, was needed to create awareness, especially among children who were increasingly getting addicted to junk food.

The bench also pulled up the Food Safety and Standards Authority of India for the delay in introducing warning labels on packaged foods, noting that obesity has been recognised as a public health challenge in India.

FOPL is a nutrition information graphic on food packaging that can help consumers make informed decisions about purchases and healthier dietary choices.

During the hearing on Thursday, when Additional Solicitor General Brijender Chahar said it was not possible to accept the court's suggestion on FOPL because it was difficult to follow international packaging standards, Justice Pardiwala asked, "Are you taking the court for a toss?"

Referring to practices in countries including Chile, Israel and Canada, the bench said, "We do not approve the stance of the Union when it says it is not possible to match with international standards, more particularly, developed countries."

The bench said the world should know that India was concerned about the overall health of its citizens, especially growing children. It asked the Centre to consult experts and take a decision on the visual appearance of FOPL, including coloured indicators, interpretive words, numbers, letters or symbols, numerical information and percentage.

"If the Union does it on its own, well and good. Otherwise, we shall proceed to pass further directions," the bench said, while giving the government two weeks to place its final decision on record.

The court said it did not believe the Centre would face difficulty in implementing changes related to FOPL because the issue was already within its notice, as seen from a suggestion in the Economic Survey.

In its order, uploaded on the Supreme Court's website recently, the bench said, "What we are trying to convey is that the environment surrounding children and us is quietly dictating our habits. A standard labelling format would reduce confusion and make it easier for consumers to make informed purchasing decisions. FOPL could educate consumers."

It added, "Thus, the value of FOPL lies not merely in disclosure but in clarity, the precise difference between a consumer being told and a consumer being informed."

The top court said a balanced, nutrient-rich diet was crucial for a child's growth, development and overall well-being, affecting not just physical health but also how a person feels, performs and behaves.

"The right to life under Article 21 encompasses the right to health. When the Constitution guarantees this right, it casts a corresponding duty on the state to not only refrain from actions that impair the health but also to take affirmative steps to protect it. Furthermore, Article 47 of the Constitution casts a duty on the state to improve public health as its primary duty," the bench said.

In its petition, 3S and Our Health Society pointed to India's growing burden of non-communicable diseases and said FOPL could highlight high levels of sugar, salt and saturated fats, which contribute to diabetes, obesity, cardiovascular diseases and certain cancers. It also referred to a sharp rise in lifestyle diseases and said non-communicable diseases were responsible for over 6 million deaths every year, with diabetes affecting nearly one in four Indians. The matter will next come up for further consideration on September 10.

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