FSSAI Proposes Star Rating System For Nutrition Content In Food Products; Supreme Court Asks Expert Committee To Submit Its Report

The Supreme Court recently directed an Expert Committee constituted by the Food Safety and Standards Authority of India (FSSAI) to submit its report on the amendments proposed by the FSSAI to introduce a star-rating labelling regarding the nutrition content of food products.

The Court was dealing with a PIL seeking the implementation of Front-of-Package Warning Labels (FOPL) on packaged foods so that the customers can know about the sugar, salt and fat contents.

The Union Government informed the Court about the proposal to amend the Food Safety and Standards (Labelling and Display) Regulations, 2022.

Disposing of the PIL, while directing compliance with its directions within 3 months, a bench of Justices JB Pardiwala and R Mahadevan ordered,

"We dispose of this Writ Petition with a direction to the Expert Committee to prepare its recommendation and submit a Report in that regard at the earliest so that relying on the report, the necessary amendments can be given effect to. Let this exercise be taken within a period of three months from today."

Briefly put, the PIL, filed by an organization named "3S and Our Health Society", highlighted the urgent need for interpretive labels that clearly indicate levels of sugars, salt, and saturated fat in packaged foods. The petition argued that such labels shall empower consumers to make informed dietary choices, help reduce the prevalence of diabetes and other non-communicable diseases (NCDs), and address public health concerns related to obesity, hypertension, and cardiovascular conditions.

An affidavit was filed by the Food Safety and Standards Authority of India mentioning that in order to implement Front-of-Pack Nutrition Labelling (FOPNL) requirements, FSSAI had notified a draft of the proposed amendment to FSS (Labelling and Display) Regulations, 2020 on 13.09.2022 and made it available to the public for objections/suggestions.

Following the notification, over 14,000 comments were received from public stakeholders, including Food Businesses, Consumers, Consumer organizations, etc. To analyze the public feedback, FSSAI constituted an Expert Committee on 17.02.2023 which, in its 5th meeting, prepared a report of its recommendations. The report of the expert committee and the amended final (draft) notification of FSS (Labelling and Display) Amendment Regulations, 2022 were to be submitted to the Scientific Committee for recommendation and approval.

In this backdrop, the Court passed its directions and listed the matter for reporting compliance after 3 months.

Notably, as per FSSAI's affidavit, the amendment sought to be brought in proposes an Indian Nutrition Rating (INR) for FOPNL. This format adopts a star-rating system (from 0.5 to 5 stars) that presents simplified nutrition information on the front-of-pack of pre-packaged foods and provides information on the overall nutritional value of the food and/or on nutrients included in the FOPNL.

Under the INR system, a higher star rating indicates a healthier product. The design is aimed at simplifying the complex nutritional content of packaged foods, enabling consumers to assess products at a glance and encouraging healthier dietary decisions.

"By presenting the rating on the front of packages, INR allows consumers to compare the nutritional quality of similar products easily, fostering transparency and accessibility...The INR model integrates both critical nutrients (such as added sugars, sodium, and saturated fats) and positive components (like fiber, protein, and certain legumes and nuts) in its scoring system", the affidavit read.

Case Title: 3S and Our Health Society v. Union of India & Ors., Writ Petition (Civil) No.437/2024

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