India signals stricter red warning labels in setback for Big Food

NEW DELHI: India’s government on Thursday said it could introduce tougher red warning labels for food packaging in one go, rather than in stages as currently proposed, in a potential blow to the $100 billion food and drinks industry.

The submission was made in India’s Supreme Court after judges raised questions about the earlier proposal. The court has been hearing pleas from health activists for months and has repeatedly criticized the Food Safety and Standards Authority of India (FSSAI) for delays in implementing stricter labels in the world’s most populous nation, where obesity rates are rising.

The FSSAI last month suggested a two-phased labelling programme, starting with red-coloured hexagonal warning labels on products that exceeded limits in at least two of three categories — added sugar, salt or saturated fat. Stricter rules would be introduced in a second phase, it said.

But health experts criticised the FSSAI proposal, saying the two-nutrient approach was an “industry-friendly loophole” that disregarded public health, as many products would escape scrutiny.

On Thursday, FSSAI faced scrutiny from the Supreme Court. Justice J.B. Pardiwala questioned why the regulator was taking a two-phased approach, as he questioned a government lawyer.

“It has to be sugar and salt. Only then will you ask them to put a label?” Pardiwala said, stressing the word “and”.

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The FSSAI’s lawyer, Additional Solicitor General of India Brijender Chahar, responded that after hearing the court, it was now suggesting it could roll out the phases “in one go.”

That would effectively mean foods high even in one of the three nutrients — added sugar, salt or fat — would have a red hexagon.

The stricter labelling proposal comes as India’s federal and state food regulators pursue an aggressive enforcement drive, with surprise raids on eateries uncovering poor hygiene and leading to many forced closures, stoking anger among consumers.

The nationwide debate on food safety has intensified since Reuters reported last month that India’s government opted for a weaker labelling regime after lobbying by Coca-Cola and groups backing Nestle and PepsiCo, which argued warning labels were ineffective. Many companies, however, have implemented such measures voluntarily in European markets.

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Food industry raises concerns

India’s food and drinks market is key for foreign players including Nestle, Unilever, Mondelez and Mars, whose food products compete in a thriving industry that also includes big Indian firms such as ITC and Dabur.

On top of that, thousands of smaller businesses sell snacks and sweets, which remain hugely popular among millions of Indians.

All India Food Processors’ Association, which represents dozens of Indian and foreign food giants, has called for a review of the planned health labels on packaging, saying many staples risk being covered in warnings that will tarnish the image of Indian food globally.

During Thursday’s hearing, the group’s lawyer held a food packet to explain its position, saying “nobody can eat 100 grams of pickle”, and so the warning labels should be decided on a per-serve basis, not by analysing salt and sugar in 100 grams of a product as the authorities have proposed.

The United States, for example, has proposed per-serve front-of-pack labelling, which Indian industry favours, though many other countries use the 100-gram benchmark.

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The Supreme Court has for months been hearing a plea by health groups demanding stricter labelling, drawing the FSSAI and the industry to court. The non-profit’s counsel, Rajiv Shankar Dvivedi, told Reuters after the hearing that FSSAI must stick with the 100 grams benchmark, and not agree with industry demands.

Some 450 million Indians could be obese or overweight by 2050, according to a recent study published in the Lancet medical journal.

“We are concerned with the health of people, more particularly growing children. We have taken it up very seriously. We expect one and all to extend their cooperation to a cause which is in national interest,” the Supreme Court said on Thursday.

The judges said they will issue a written order before Friday.