The Supreme Court has called upon the Centre to take decisive action regarding the visual design of front-of-package labelling on pre-packaged food products. During a recent hearing, justices JB Pardiwala and K Vinod Chandran expressed discontent with the government’s assertion that aligning with international standards is unfeasible. The court posed a critical question: “Should India remain an underdeveloped country?”

This inquiry was raised in response to a plea submitted by the public charitable trust 3S and Our Health Society. The court highlighted the necessity of front-of-package labelling (FOPL) to foster awareness, particularly among children, who are increasingly drawn to unhealthy food options.

Delay in Implementation Criticised

Dismissing the government’s claims of difficulty in adopting FOPL in line with international practices, Justice Pardiwala remarked, “Are you taking the court for a toss?” The bench referenced successful implementations in nations such as Chile, Israel, and Canada, insisting that India should not shy away from emulating these examples.

Furthermore, the court demanded the Centre consult experts and formulate a plan for FOPL, considering various elements such as colour indicators, interpretive words, and numeric data. The bench concluded by giving the government two weeks to present its final decision, stating, “If the Union does it on its own, well and good. Otherwise, we shall proceed to pass further directions.”

Health Implications and Constitutional Rights

In a recent order published on the Supreme Court’s website, the bench underscored the significance of a balanced, nutrient-rich diet for children’s growth and overall well-being. It explained that a child’s physical health significantly influences their emotional state and behaviour.

The court reiterated that the right to life under Article 21 of the Constitution encompasses the right to health. It noted that this constitutional guarantee imposes an obligation on the state not only to refrain from actions that compromise health but also to take proactive measures to safeguard it. Additionally, Article 47 emphasises the state’s duty to improve public health as a primary concern.

In their petition, 3S and Our Health Society pointed to the rising incidence of non-communicable diseases in India, advocating for FOPL as a tool to highlight high levels of sugar, salt, and saturated fats in foods. These factors contribute to widespread health issues such as diabetes, obesity, and cardiovascular diseases. They also warned of a significant increase in lifestyle-related diseases, which account for over six million deaths annually, with diabetes affecting nearly one in four Indians.

The matter has been adjourned for further deliberation, scheduled to be reviewed again on September 10.

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