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

Observing that many food articles which have ingredients sourced from animals are passed off as vegetarian by affixing the green dot, the Delhi High Court has directed that there should be full and complete disclosure of all the ingredients which go into the manufacture of any food article.

Justice Vipin Sanghi and Justice Jasmeet Singh was 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."

"Every person has a right to know as to what he/ she is consuming, and nothing can be offered to the person on a platter by resort to deceit, or camouflage," the Bench said.

The Court therefore directed the Food Business Operators to ensure full and strict compliance of the Regulation. It said that the there shall be a disclosure of not only the code names but also as to whether the food item originate from plant, or animal source, or whether it is manufactured in a laboratory, irrespective of the percentage in the food article.

"It should also be fairly disclosed as to what is the plant source, or animal source – as the case may be, in respect of all the ingredients in whatever measure they are used," the Court said.

It added:

"Even though their usage may constitute a miniscule percentage, the use of non-vegetarian ingredients would render such food articles non-vegetarian, and would offend the religious and cultural sensibilities/ sentiments of strict vegetarians, and would interfere in their right to freely profess, practice and propagate their religion and belief."

The Court noted that Disodium Inosinate, an ingredient often used in instant noodles, potato chips, etc., is commercially prepared from meat or fish and is often sourced from pig fat. However, the Food Business Operators do not disclose in their packaging that the food article wherein the said ingredient is used, is a non-vegetarian product.

In this backdrop, it observed,

"Even though several such like ingredients are used, merely the codes of the ingredients are disclosed, without actually disclosing on the packaging as to what is the source, i.e. whether it is plant based, or animal based, or it is a chemically manufactured in a laboratory. Many food articles which have ingredients sourced from animals, are passed off as vegetarian by affixing the green dot."

It further observed that any failure on the part of the Food Business Operators to make full disclosures would expose them to class action for violation of the fundamental rights of the consuming public and invite punitive damages, apart from prosecution.

"Respondent No.2 should verify all such claims made by the Food Business Operators, and the connivance or failure on the part of the respondent No.2 or its officers to perform their duties shall expose all such officers to claims by the aggrieved parties, and prosecution under the law. This order should be given adequate publicity to put everyone concerned to notice of their legal and constitutional obligations and rights," it directed further.

The Court directed the FSSAI to file a compliance report in the matter before January 30, 2022, the next date of hearing.

The Court 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 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 

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