Full Disclosure Of Food Article Being Veg Or Non-Veg Is Fundamental; Rights U/Art. 21, 25 Impacted By What Is Offered On A Platter: Delhi High Court

The Delhi High Court on Wednesday observed that since the right of a person under Article 21 and 25 of the Constitution of India is impacted by what is offered on a platter, it is fundamental that a full and complete disclosure of a food article being vegetarian or non-vegetarian is made a part of consumer awareness.

A Bench of Justice Vipin Sanghi and Justice Dinesh Kumar Sharma was dealing with a plea seeking guidelines for strict implementation of the existing Rules mandating food manufacturers to label their products according to the nature of the ingredients used therein.

The Court added that the failure of the authorities to ensure such full and complete disclosure of food article as to whether the same was vegetarian or non vegetarian defeats the objective of the Food Safety and Standards Act, 2006.

It therefore directed the Food Safety and Standards Authority of India (FSSAI) to issue a fresh communication to the authorities concerned to state the obligation for making a clear disclosure of food article as to whether it was vegetarian or non-vegetarian.

"Since the right of every person under Article 21 and Article 25 is impacted by what is offered on a platter, in our view it is fundamental that a full and complete disclosure regarding the food article being vegetarian or non vegetarian is made a part of consumer awareness," the Court ordered.

The Court also directed FSSAI and Central Government to file their respective detailed counter affidavits while posting the matter for further hearing on May 21.

The Court had in December last year directed that there should be full and complete disclosure of all the ingredients which go into the manufacture of any food article. It had observed that many food articles which have ingredients sourced from animals are passed off as vegetarian by affixing the green dot.

'Many Food Articles Having Ingredients Sourced From Animals Are Passed Off As Veg': Delhi HC Orders Full Disclosure Of Manufacturing Ingredients

The Court was also of the view that the failure of the authorities, Central Government and Food Safety and Standards Authority of India, in checking the lapses is not only leading to non-compliance of the Food Safety and Standards Act, 2006 and the Regulations but is also leading to "deceit by such Food Business Operators of the public at large, particularly those who wish to profess strict vegetarianism."

During the course of hearing today, the Court noted that in accordance with its previous order, FSSAI had issued a communication on December 22, 2021 stating every package of non-vegetarian food article having ingredients including additives, from animal sources but excluding milk or milk products, honey or bees wax etc. shall bear a symbol and colour code thereby indicating that the product is non vegetarian.

However, Advocate Rajat Aneja appearing on behalf of the petitioner Ram Gaua Raksha Dal argued that the said had ambiguity and did not clearly stated the requirement of food business operators to make disclosure as to whether or not a food article was vegetarian or non vegetarian on the basis that even if the use of it was miniscule, it would make the food article as non vegetarian.

The plea was filed by an association namely Ram Gaua Raksha Dal through Advocate Rajat Aneja.

The plea also sought examination of the possibility of making labeling all consumable items not only on the basis of their ingredients but also on the basis of the items used during the manufacturing processes.

It was the case of the petitioner that not only is the strict enforcement of existing Rules and policies necessary for labelling products as Green, Red and Brown, based on the nature of it's ingredients, but it is also mandatory for the manufacturers of food products, cosmetics, perfumes, home appliances, apparel and accessories to label all such products in a similar way so that customers are aware if such products are manufactured by using, components or parts derived from the body of an animal.

The petitioner association also sought setting up of an expert committee to examine the feasibility of labelling all food items as vegetarian and non vegetarian. 

The plea stated that the absence of any indication or labeling with respect to the nature of contents of the products and the consequent accidental usage thereof by customers, infringes upon the Fundamental Right to their protection of Life and Personal Liberty.

The plea also added that there is a rising consciousness to avoid using products and commodities that have taken their final shape by exploiting an animal.

Case Title: Ram Gaua Raksha Dal v. UOI 

Citation: 2022 LiveLaw (Del) 171