"India Facing Huge Diabetes Problem": PIL In Supreme Court For Warning Labels On Packaged Foods Regarding Sugar & Fat Levels

A Public Interest Litigation (PIL) filed before the Supreme Court seeks judicial intervention to direct the Union of India, as well as States and Union Territories, to mandate the implementation of Front-of-Package Warning Labels (FOPL) on packaged foods.

“That it is very prominent to consider that the Front of Package Labelling serves as a powerful tool in empowering consumers to make informed choices about their diet and reducing the adverse impact of commercial interests of big corporates. It enables citizens to easily identify and understand the nutritional content and harmful ingredients present in packaged food and beverages, thereby making healthier choices. While the FSSAI has already recognized the significance of FOPL, it is crucial to expedite regulations that mandate the usage of warning labels in prominent positions on packaging”, the petition reads.

A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra last week issued notice in the PIL returnable in four weeks and listed the petition on August 27, 2024.

The PIL filed by an organization named "3S and Our Health Society" through Advocate Rajiv Shankar Dvivedi highlights the urgent need for interpretive labels that clearly indicate the levels of sugars, salt, and saturated fat in packaged foods. The petition argues that such labels will 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.

The petition emphasizes that clear FOPL, particularly interpretive labels, are effective even for non-literate populations and have been successfully adopted in several countries to curb junk food consumption.

“That these warning labels would effectively indicate the excessive presence of added sugars, sodium, unhealthy fats, and other harmful substances. By prominently displaying this vital information, it becomes easier for consumers to identify unhealthy food items and make healthier dietary decisions. Furthermore, warning labels act as a deterrent for excessive consumption and contribute towards raising public awareness about the adverse health consequences associated with consuming such products”, the petition states.

The petition underscores the alarming increase in diabetes and other NCDs in India. “That in India, it is estimated that nearly 58 lac people die from NCDs every year out of nearly 90 Lac overall deaths”, as per the petition.

Diabetes, identified as a "silent epidemic," affects millions and places a substantial burden on the healthcare system, the petition states.

“India is currently facing a huge public health crisis beginning from under nutrition of the children to emerging obesity both in children and adults and is escalating the burden of non-communicable diseases (NCDs). Crores of people are suffering from obesity, diabetes, cancer, and cardiovascular diseases. The recent report of National Family Health Survey (NFHS-5-2021) shows that under nutrition in children is almost stagnant as one in 3 children are suffering from under-nutrition, and obesity is rising in children under the age of five. The percentage of obese women increased to 24 per cent from 20.6 per cent in 2015-16, while the percentage for men rose to 22.9 per cent from 18.4 per cent four years earlier”, the petition states.

The PIL points out that globally, over 70 percent of deaths are attributed to NCDs, with India accounting for 6 million deaths annually due to such diseases. The petition cites studies showing that one in four individuals in India is affected by diabetes, largely due to obesity—a condition exacerbated by high consumption of junk foods.

The petitioner draws attention to several studies and reports highlighting the adverse impact of unhealthy diets. According to the National Family Health Survey (NFHS-5-2021), under-nutrition in children remains a significant issue, with obesity rates rising among both children and adults. The survey indicates that obesity among women has increased from 20.6 percent in 2015-16 to 24 percent, and among men from 18.4 percent to 22.9 percent.

Additionally, the petition cites the International Council of Medical Research – India Diabetes (ICMR-INDIAB) study revealing that, as of June 2023, India had approximately 10.1 crore people with diabetes, 13.6 crore with prediabetes, 31.5 crore with hypertension, and 25.4 crore with generalized obesity.

The petition also notes findings from the Comprehensive National Nutrition Survey (CNNS) 2016, which reported that over half of the children surveyed exhibited signs of metabolic obesity, regardless of their weight or height. The Indian Ministry of Health and Family Welfare has acknowledged that unhealthy diets are a major risk factor for NCDs, which are projected to account for an increasing number of deaths globally, the petition states.

The petition details the consumption of ultra-processed foods (UPFs) in India, citing data from a 2020 study commissioned by the Food Safety and Standards Authority of India (FSSAI).

“The study showed that maximum categories failed on thresholds for Energy, Total Sugar, Added Sugar, Total Fat, Saturated Fat and Sodium. The highest number of categories failed on Added Sugar and Total Sugar, followed by Saturated Fat, Total Fat and Sodium. The report also assessed the percentages of products eligible to be marketed to children. Only 57 i.e. 4.4 % products qualified because they did not fail on Energy, Total Sugar, Added Sugar, Total Fat, Saturated Fat, Trans Fat and Sodium”, the petition highlights.

Further statistics mentioned in the petition include a WHO report indicating that the market for ultra-processed foods grew at a compound annual growth rate of 13.37 percent between 2011 and 2021. Euromonitor data highlights a rise in UPF consumption in India from 2 kg per capita in 2005 to an expected 8 kg by 2024. The petition references multiple studies linking UPF consumption to various health issues, including type-2 diabetes, cardiovascular diseases, and increased mortality rates, according to the petition.

According to the petition, a study found that 30 percent of students lacked awareness about the harmful effects and nutritive value of junk food, with 18 percent consuming it as a breakfast alternative and 68 percent preferring it for its taste. Research in Karnataka indicated that over 10 percent of individuals showed some level of junk food addiction, mostly mild. In South India, younger individuals consumed more junk food compared to other age groups. A Chennai study reported that students' increased junk food consumption was influenced by the proximity of junk food outlets to their schools, the petition states.

The PIL also references aggressive marketing practices and their impact on consumer behavior, noting that food advertising often promotes unhealthy products without disclosing their high sugar, salt, or fat content.

“Food marketing is not only prevalent but persuasive. It mostly promotes foods that contribute to unhealthy diets. Most common foods that were advertised were sugar sweetened beverages, chocolates and confectionery, fast food, breakfast cereals, sweet bakery items and snacks, salty snacks, dairy products and deserts in order of frequency of marketing. Most of these are ultra-processed foods products. The evidence presented is strong enough to restrict marketing of foods to which children are exposed”, the petition states, citing a 2022 WHO report.

“Recent study of 48 advertisements of packaged food products seen over a period of 3 months showed that the food products advertised were ultra- processed, and advertisements were misleading according to the definition of the Consumer Protection Act 2019. Many of them used celebrity endorsements”, the petition adds.

The petition points out that a recent article highlighted that Nestlé adds sugar to infant milk sold in poorer nations but not in Europe and the UK. To address unhealthy dietary practices, frameworks often include restrictions on advertising and consumer alerts through labelling, the petition states. Globally, three proven policies to reduce junk food consumption include clear Front-of-Package Labelling (FOPL) that indicates sugars, salt, or saturated fats.

According to the petition, the petitioner has previously written to the Ministry of Health and Family Welfare requesting expedited action on this issue but has yet to receive a response.

Case no. – Writ Petition (Civil) No.437/2024

Case Title – 3S and Our Health Society v. Union of India & Ors.

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