After Supreme Court order, FSSAI proposes red hexagon warning labels for foods high in sugar, salt and fat

The Food Safety and Standards Authority of India (FSSAI) has proposed a red hexagon-shaped warning label for pre-packaged food products high in fat, sugar or salt.

FSSAI submitted the information in response to a Supreme Court order asking the regulator to consider introducing such warning labels in the interest of public health. 

The matter is being heard by a Bench of Justices JB Pardiwala and K Vinod Chandran. The Court had earlier called out for FSSAI for its reluctance to implement such a measure and asked if the body was bowing down to corporate entities involved in food manufacture.

The Court passed the order in a petition filed by 3S and Our Health Society seeking directions for implementation of front-of-pack warning labelling on packaged food products.

In an affidavit before the Court, FSSAI said that it has prepared a proposal to provide information on added sugar, added fat and salt in pictorial form on the front of packaging, to give consumers a simple and easily comprehensible warning on products high in nutrients of concern.

The proposal recommends a prominent front-of-pack warning label in a red hexagonal shape for food products high in any two or more of three nutrients: added saturated fat, added sugar and salt, based on thresholds specified under the Dietary Guidelines for Indians, 2024 issued by ICMR-NIN.

The label will carry declarations such as "HIGH FAT", "HIGH SUGAR", "HIGH SALT" and, for beverages, "HIGHLY SWEETENED BEVERAGE", depending on which nutrients the product is high in.

The warning is proposed to be displayed in a font size one point larger than the one used in the nutrition information table on the back of the pack.

Two categories are proposed to be exempted from the requirement: single-ingredient food products and products inherently rich in fat, sugar or salt, such as ghee, edible oil, salt, sugar, jaggery and honey, subject to other labelling requirements under food safety regulations continuing to apply to them.

As per the FSSAI, the proposed labelling mechanism is intended to be "effective and consumer-friendly" and to facilitate informed food choices, "particularly in relation to children and other vulnerable groups of the population."

The affidavit also sets out specific label formats for each combination of nutrients: separate red hexagon labels reading "HIGH FAT / HIGH SALT", "HIGH SALT / HIGH SUGAR" and "HIGH FAT / HIGH SUGAR" for products high in two of the three nutrients, and a distinct "HIGHLY SWEETENED BEVERAGE" hexagon for sweetened drinks.

The rollout is proposed in two phases.

Phase I will cover products high in 2 or more of the specified nutrients, along with specified sweetened beverages.

Phase II will extend the warning to products high in even one of these nutrients.

The affidavit states this phased approach is meant to allow consumer acceptability to build while giving industry time to reformulate products. FSSAI has told the Court that it will notify the changes by way of an amendment to the relevant regulations.

The petitioner is represented by Advocate Rajiv Shankar Dvivedi.