Red hexagon warnings: FSSAI outlines new food labelling plan to Supreme Court

: The Food Safety and Standards Authority of India (FSSAI) informed the Supreme Court on Wednesday that it is willing to implement Front-of-Pack Nutrition Labelling (FoPL) for packaged foot items in a single phase marking a shift from its earlier approach that sought to introduce the labelling norms in two phases depending on the number of “nutrients of concern” in a product.

Responding to the court’s order of September 10, which raised several questions over the size, colour, placement and deadline for implementing the proposed FoPL on packaged food items, the FSSAI in its response filed on Wednesday proposed the new design of the label that will clearly specify if the food has “HIGH FAT, HIGH SALT or HIGH SUGAR or even more of any two components.”

The authority further stated that once the proposed regulations are approved, the food business operators will be provided a time period of a year (365 days) to shift to the new labelling regime from the time of date of notification to ensure least hardship is caused to them. The affidavit said that the draft guidelines will require a process of consultation and finalisation that is expected to take four months and by July 1 next year, the labelling norms would be notified.

The response was filed in a public interest litigation (PIL) filed by “3S and Our Health Society” which had sought introduction of FoPL guidelines as existing in foreign jurisdictions to ensure the children in the country are warned of foods that they may unknowingly consume without being aware of its adverse health effects.

It was in this regard the bench of justices JB Pardiwala and K Vinod Chandran on September 10 had directed the FSSAI to consider introducing the labelling of products with high level of either sugar, fat or salt along with products having more of any two components in a single phase in order to safeguard the collective health and well-being of all persons, especially growing children.

The affidavit said, “The FSSAI proposes to adopt a single-phase approach for the implementation of Front-of-Pack Nutrition Labelling (FoPL). To finalise the draft regulations, it requires a four month period and there shall be a “voluntary implementation period of 365 days” by Food Business Operators (FBOs), the response said.

“This time period has been provided in order to avoid any commercial hardships to the FBOs as they have pre-packaged material already printed in bulk,” the FSSAI said. In the 48th meeting of the authority, it was decided that “amendments relating to the FSS (Labelling & Display) Regulations, as well as any changes in labelling requirements specified in other food safety and standards regulations, shall come into force on 1st of July, subject to a minimum transition period of 365 days from the date of notification.”

Responding on the size and shape of the warning label, which was initially proposed to be a red hexagon, the FSSAI proposed a “red Hexagon with white square shaped background” drawing inspiration from the format adopted by Canada.

The court had asked FSSAI to consider having pictorial depiction of “nutrients” which the authority said would add to confusion and misunderstanding. The label, as proposed, will declare foods where only one nutrient of concern (more than the prescribed threshold) is present by mentioning it within the red hexagon. Where two or three nutrients of concern are present above the suggested threshold, the same nutrients shall be indicated within a single hexagon.

“Food products high in any one of the nutrients of concern will also be covered in addition to food products high in ‘two or more’ nutrients-of-concern,” the authority said. Even beverages containing “NON CALORIC SWEETENER” shall be separately mentioned at the front of the pack/beverage to make the consumer aware of sugar-sweetened beverages.

The FSSAI has proposed to adopt the threshold values for added sugar, added fat (used for cooking) and salt per 100 g/ml, as provided in the Dietary Guidelines for Indians, 2024, issued by ICMR-NIN, for the purpose of FOPL.

While the court had proposed if the total sugar can be mentioned on the label, the FSSAI said that as an informed choice to the consumer, “added sugar and added fat are to be considered preferably rather than the total sugar and saturated fat” content. The authority said that specifying total sugar and fat will make FOBs use artificial nutrients which have adverse health effects.

The warning label would be displayed prominently on the top left of the front of the pack, ensuring clear visibility and legibility to consumers, the response said and the warning will be in a font size larger than the nutrition information table printed at the back of the pack.

The court had on the earlier date raised concern on the possibility that reducing salt, sugar and fat in packaged foods could lead manufacturers to increase their use of artificial preservatives, emulsifiers and other additives, given the functional roles played by the three ingredients in taste, texture, shelf life and processing. The court asked FSSAI to address this potential unintended consequence through corresponding regulation.

The petition will be heard next on September 28 when the affidavit of FSSAI will be taken up by the court for passing necessary directions.