Flagging gaps in the Food Safety and Standards Authority of India’s (FSSAI) proposed phased rollout of front-of-package labelling (FoPL) of “nutrients of concern” such as fat, sugar and salt on packaged foods, the Supreme Court has asked for clarifications on a host of issues.FoPL is a nutritional information graphic on food packaging that assists consumers in making an informed choice about food purchases and healthier dietary preferences.A Bench of Justice JB Pardiwala and Justice K Vinod Chandran on Thursday asked the FSSAI to spell out why it suggested a combined/composite/singular hexagon for two or more nutrients-of-concern instead of separate/distinct/individual hexagons for each nutrient-of-concern.Noting that children were under an acute risk of developing unhealthy eating behaviours, the Bench asked the Centre to spell out how it planned to increase nutritional literacy in schools.“In connection with this, we would like the Union to respond on how schools plan to incorporate through curriculum, initiatives, workshops, etc., the manner in which information provided in packaged food items, including nutritional information, FoPL, etc., must be interpreted, and other aspects relating to nutritional literacy,” the Bench said in its order.“In recognition of the vulnerable position that children are in vis-à-vis impulse or uninformed dietary decision-making, we are of the view that some action must be taken in this regard,” it added.Flagging gaps in the FSSAI’s proposal for hexagon-shaped warning labels on packaged foods high in sugar, salt and fat, the Bench sought a timeline for introducing the labels.“Considering that an average Indian consumer is habituated to associating the colour red with non-veg ingredients, would it be necessary for the FSSAI to revisit the choice of colour for the FoPL?” it sought to know.Giving 10 days to the FSSAI to clarify the position, including the timeline for rollout, the Bench posted the PIL filed by ‘3S & Our Health Society’ for further hearing on September 28.The FSSAI had earlier said it proposed to provide a prominent front-of-pack warning label in red for food products high in added saturated fat, added sugar and salt.However, the top court questioned the FSSAI’s proposed two-phase implementation, especially the plan to initially cover only products high in at least two of sugar, salt and fat rather than all products high in any one of these nutrients.“The assessment of consumer acceptability or giving the industry adequate time for reformulation cannot be reason enough for this uncertainty in time. Therefore, a reasonable, scientifically justified and clearly defined timeline or transitionary period which divides the two phases must be indicated for the approach of the FSSAI to be a workable one,” it said.


