The Supreme Court is preparing to issue an order on September 14 regarding a plea that calls for front-of-pack warning labels (FoPL) on packaged food items containing high levels of sugar, salt, and saturated fat. The court has identified this issue as one that directly affects public health, particularly among children.

A bench comprising Justice JB Pardiwala and Justice K Vinod Chandran noted the significance of the matter, labelling it a concern of “national interest.” The court signalled that it had conducted preliminary analysis and would provide a ruling that could be available on its official website by September 15.

The Supreme Court has instructed involved parties to review the forthcoming order and return for the next hearing scheduled for September 28. This upcoming ruling is expected to clarify how the Food Safety and Standards Authority of India (FSSAI) should implement FoPL warnings.

Legal Background and FSSAI Compliance

During discussions, the court expressed its concerns about the health implications for the general population, particularly the younger demographic. The bench emphasised that the issue extends beyond individual consumer choices, categorising it as a matter of public health importance.

In the course of the proceedings, Senior Advocate Devadatt Kamat, representing the petitioners, asserted that ultra-processed food items should not be classified alongside more nutritious foods like eggs and salted cashews. He proposed that these products should carry a distinct and more prominent warning label.

The FSSAI has suggested a hexagonal warning label prominently in red for foods that exceed specified thresholds of added fat, saturated fat, added sugar, and salt, according to the Dietary Guidelines for Indians, 2024. Proposed warnings would include labels such as “HIGH FAT,” “HIGH SALT,” “HIGH SUGAR,” and “HIGHLY SWEETENED BEVERAGE.” This framework aims to assist consumers in making healthier dietary decisions.

Phased Implementation of Warning Labels

The FSSAI has outlined a phased approach for rolling out the FoPL initiative. The initial phase is designed for products that are high in two or more specified nutrients, whereas the subsequent phase will extend the labels to products with high levels of any single specified nutrient.

Additionally, the regulatory body intends to exempt certain single-ingredient foods, as well as items inherently rich in fat, sugar, or salt, such as ghee, edible oil, salt, sugar, jaggery, and honey. These exceptions stem from existing food safety and labelling regulations.

The court’s earlier orders highlighted the crucial role of FoPL in enabling consumers to make better-informed choices when purchasing food. It has also drawn attention to obesity as a significant public health issue and the related risks of poor dietary habits.

The Supreme Court has allowed two weeks for the Union government to present its final stance, urging serious consideration of the recommendations regarding FoPL. The legal representatives for the petitioners included Rajiv Shankar Dvivedi, Priyanka Parmar, Arti Dvivedi, Sushant Sarkar, Sugandha Bhardwaj, Snigdha Singh, Priya, and Bhushan, while Additional Solicitor General Brijender Chahar represented the FSSAI.

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