Peeling away the numerous layers of deception in the world of packaged foods, reveals a complex tapestry of health claims and nutritional complexities. A legal lens is crucial to unravel this web of misleading practices as there are numerous loopholes in India's packaging and labelling laws that not only raise health concerns but also call into question the consumer rights, transparency, and alignment with international standards.
FSSF Regulations: Unveiling The Tomato Tango
The Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 20111 ("FSSF Regulations"), lay down the standards for a different range of food products which include dairy, sweets, fats, oils, cereals, meat, fish, sweets, spices, condiments, beverages, etc. FSSF Regulations cover essential aspects such as composition, quality factors, additives, contaminants, hygiene, labelling, and methods of sampling and analysis. However, a glaring loophole exists in the minimum thresholds for specific product compositions, providing companies with a leeway to manipulate ingredient proportions.
For example, let us take the example of tomato ketchup, where only 25 percent2 of the ingredients are mandated to be total soluble solids3. The rest? It is just a playground for interpretation- nothing less than a covert operation of ingredients doing the tango behind the scenes, and we are left to decode their dance moves! This particular loophole allows various FMCG companies to use alternative ingredients that may not align with consumer expectations and this regulatory gap is exploited by companies for false and misleading advertising, where products are marketed as containing a substantial amount of a particular ingredient when, in reality, the product only contains only a fraction.
To address this loophole, there is an urgent need for amendments to the existing regulations and for a stricter criterion to be established for product definitions, ensuring that the description of the specific food product accurately reflects its composition. This will not only enhance consumer trust but also contribute to fair competition within the FMCG industry by preventing deceptive marketing practices.
FSAC Regulations: Disclaimers, Disclaimers, Everywhere!
Regulation 4(7) of the Food Safety and Standards (Advertising and Claims) Regulations, 20184 ("FSAC Regulations"), addresses the use of adjectives such as "natural," "fresh," "pure," and others in food labelling. These regulations state that if such terms are likely to mislead the consumers about the nature of the food, a disclaimer must be provided on the label. However, this provision lacks teeth, as companies often employ small disclaimers or alternative symbols that may not be easily understood by the average consumer. Consider the common use of adjectives like "natural," "fresh," or "organic" on food labels, coupled with assertions about immune-boosting properties. Companies slyly slip in tiny disclaimers or use cryptic symbols, leaving us, the consumers scratching our heads. Many companies include these claims without adequate substantiation and rely on the fact that consumers may not pay close attention to disclaimers or alternative symbols. Some even choose symbols which are not commonly associated with terms and conditions, further complicating the issue - It's just like playing a game of Scrabble with words that have too many Zs and Qs!
It's time for a makeover – bigger disclaimers, standardized formats, and no more secret symbols, please! Amendments to FSAC Regulations are imperative to fortify consumer protection. Disclaimers should be prominently displayed on food label by using standardized formats and easy to understand language. Additionally, alternative symbols should be regulated to ensure consistency and transparency. Strengthening this regulation will not only discourage misleading advertising practices but also empower consumers to make more informed choices about the foods they purchase.
Front-Of-Pack Labelling: The Superhero We Need
Front-of-Pack ("FOP") labelling is a system which represents a progressive step towards providing consumers with simplified nutritional information. FOP labelling systems offers a quick and easy way for consumers to assess the nutritional quality of packaged foods at a single glance. This additional layer of information can be crucial in helping the consumers to make healthier food choices, thus, ultimately contributing to public health and well-being. FOP labelling goes beyond the mandatory information, and uses symbols, letters or colour codes to provide an overall assessment of the food's nutritional quality. Notable examples of the FOP labelling include:
Nutri-Score5 which is a five-point scale with letters from A to E and colours from green to red. The nutritional value of the food is shown on this scale by highlighting a letter/colour combination. The lower the score, the better – it is the nutritional equivalent of hitting the jackpot. Imagine your snack doing a victory dance, and you, my friends, have just made a stellar health choice!
The UK traffic light scheme6 is a combination of colour coding (traffic lights) and nutritional information is used to show, at a glance, whether a product is high (red), medium (amber) or low (green) in fat, saturated fat, salt and sugars, and how much energy (calories and kilojoules) it provides. This can help you make comparisons between foods to allow you to make a healthier choice.
The Keyhole symbol7 makes it easier and less time consuming to find healthier products in grocery stores. Foods labelled with the Keyhole symbol contain less sugars and salt, more fibre and wholegrain and healthier or less fat than food products of the same type that cannot be labelled with the Keyhole.
The Cry For Change: Labels That Can Speak Volumes
India's current food labelling laws require comprehensive amendments to address the existing gaps and fortify consumer protection. The existing regulations should be revised to establish a stricter criterion for product definitions, ensuring that the descriptions accurately reflect the composition of food products. Additionally, regulations related to advertising and claims must be strengthened to eliminate the loopholes thereby promoting transparency and fairness in the market.
The implementation of FOP labelling in India will be a critical step towards empowering consumers with clear nutritional information. This approach has proven successful in other parts of the world8, aiding consumers in making healthier food choices and encouraging the food industry to prioritize the production of healthier options. A collaborative effort, between the various regulatory bodies, industry players and consumer advocacy groups, is necessary to draft and implement these amendments successfully. By enhancing the food labelling laws in India, we can create a more transparent and informed marketplace, thus, fostering healthier choices and protecting the interests of the consumers.
Footnotes
1. https://www.fssai.gov.in/upload/uploadfiles/files/Food_Additives_Regulations.pdf
2. Regulation 2.3.27, Tomato Ketchup and Tomato Sauce, FSSF Regulations
3. A total soluble solid is an expression for the combined content of all inorganic and organic substances contained in a liquid. The main ingredients of the tomato ketchup are water, tomato paste, sugar, salt and a minor quantity of vinegar, spices, preservatives, etc.
4. https://www.fssai.gov.in/upload/uploadfiles/files/Gazette_Notification_Advertising_Claims_27_11_2018.pdf
5. https://www.iarc.who.int/wp-content/uploads/2021/09/IARC_Evidence_Summary_Brief_2.pdf
6.https://www.food.gov.uk/safety-hygiene/check-the-label#:~:text=The%20traffic%20light%20labelling%20system,kilojoules%20in%20that%20particular%20product.&text=This%20is%20an%20image%20of,label%20found%20on%20some%20foods.
7. https://food.ec.europa.eu/system/files/2018-04/comm_ahac_20180423_pres2.pdf
8. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10261279/
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