Government Open to Tougher Red Warning Labels on Packaged Foods After Supreme Court Questions Two-Phase Plan

India could move towards stricter front-of-pack warning labels for packaged foods after the government told the Supreme Court that it was open to implementing tougher requirements in one go rather than through a two-phase system. 

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The shift could mean that packaged foods exceeding the prescribed limit for even one of three nutrients added sugar, salt or fat would carry a red hexagonal warning label. 

The development follows criticism of the Food Safety and Standards Authority of India’s earlier proposal, which would initially have required warning labels only when a product exceeded limits in at least two of the three specified categories. 

FSSAI Had Proposed a Two-Phase System 

After years of delays, FSSAI last month proposed introducing front-of-pack warning labels in two stages. 

Under the first phase, a red hexagonal warning would appear on products exceeding prescribed limits for at least two of three categories: added sugar, salt or saturated fat. 

Stricter requirements were to follow in the second phase. 

Health experts objected to this approach, arguing that products high in only one nutrient could avoid a warning during the initial phase. 

The issue came up before the Supreme Court on Thursday, with Justice J B Pardiwala questioning why the regulator needed a two-stage rollout. 

Responding to the court, Additional Solicitor General Brijender Chahar indicated that the government could consider rolling out both phases together. 

If adopted, the change would effectively require a red warning hexagon even when a food product is high in just one of the three specified nutrients. 

Supreme Court Hearing Puts Labelling Rules in Focus 

The Supreme Court is hearing a petition filed by health group 3S And Our Health seeking stricter food labelling requirements. 

The court’s scrutiny comes as food safety has drawn wider attention across the country. Federal and state regulators have been carrying out enforcement drives, including surprise inspections at eateries that uncovered poor hygiene and resulted in multiple closures. 

The judges said they were particularly concerned about public health and children and expected cooperation with measures aimed at addressing the issue. 

A written order from the court is expected before Friday. 

Food Industry Raises Concerns Over Proposed Warnings 

The prospect of stricter labelling has raised concerns within India’s food and beverage industry, a market valued at more than $100 billion. 

The sector includes global companies such as Nestlé, Unilever, Mondelez and Mars, along with large Indian companies including ITC and Dabur. Thousands of smaller businesses also operate in the snacks and sweets market. 

The All India Food Processors’ Association, which represents several Indian and foreign food companies, has sought a review of the proposed warning-label framework. 

One of the industry’s concerns centres on how nutrient levels would be calculated. 

During Thursday’s hearing, the association argued that warning labels should be determined on a per-serving basis rather than by assessing the salt and sugar contained in 100 grams of a product. 

The United States has proposed a per-serving approach for front-of-pack labels, which the Indian industry favours. Several other countries, however, use a 100-gram benchmark. 

Debate Comes Amid Wider Concerns Over Food and Health 

The debate around labelling has also been shaped by concerns over obesity and the consumption of foods high in fat, sugar and salt. 

A recent study published in The Lancet medical journal estimated that around 450 million Indians could be obese or overweight by 2050. 

The nationwide discussion intensified after an earlier report said the government had opted for a weaker labelling framework following lobbying by Coca-Cola and industry groups representing Nestlé and PepsiCo, which had argued that warning labels were ineffective. Several companies have voluntarily adopted similar measures in European markets. 

For now, the tougher labelling framework has not been finalised. The government’s indication before the Supreme Court, however, opens the possibility of moving directly to a system where exceeding the threshold for even one specified nutrient could trigger a red front-of-pack warning.