The Supreme Court has asked the Food Safety and Standards Authority of India (FSSAI) to justify the scientific basis, design, and rollout of its proposed red-hexagon labels for high sugar, salt, and fat foods. The move could force FMCG brands to reformulate recipes and redesign packaging.
On 13 August, the court urged the Centre to implement front-of-pack warnings, linking the cause to the right to health, particularly for children. The FSSAI has proposed red-hexagon warnings for packaged foods such as ‘high fat’, ‘high sugar’, ‘high salt’ and ‘highly sweetened beverage’.
Background of the Case
The case concerns a public-interest petition filed in 2024 by 3S And Our Health Society, an NGO based in Kerala, seeking mandatory front-of-pack warning labels on packaged foods with high levels of sugar, salt and fat. The goal is to simplify nutritional information for consumers by placing clear warnings on the front of packages rather than requiring them to decipher detailed nutrition tables on the back.
The Supreme Court has been reviewing the measures taken by the government and FSSAI to implement this system. FSSAI subsequently placed its proposed framework before the court, which includes a two-phase rollout strategy. Phase I would apply to products high in two or more specified ingredients, as well as designated sweetened beverages.
Supreme Court’s Questions to FSSAI
In a 10 September order, the top court asked FSSAI 13 specific questions about its proposed front-of-pack warning labels, seeking clarity on the scientific basis, scope, visual presentation, and implementation timeline of the framework. The court questioned the size and placement of the warning, the use of red, pictorial symbols, and whether there should be separate warnings for individual ingredients.
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The court also raised concerns about possible product reformulation and the increased use of additives, how much time companies will have to comply, and how the government will improve consumer awareness and nutritional literacy, including through schools. FSSAI has been directed to file its response within 10 days, ahead of the next hearing scheduled for 28 September.
Impact on Food Companies
According to legal experts, the Supreme Court’s order carries significant weight and could materially reshape India’s final food labelling regime. Shiv Sapra, partner at Kochhar & Co., said while the court’s 13 questions are not regulations themselves, FSSAI will now have to provide sound scientific backing for its proposed thresholds, exemptions and warning designs, or face having to reconsider parts of its framework.
Industry insiders suggest that a two-stage rollout could offer a practical path forward, provided FSSAI delivers clear product categories, testing thresholds, and implementation timelines. However, undergoing repeated packaging overhauls threatens to drive up expenses across nutritional assessments, lab testing, and artwork redesigns. The cost will vary considerably from company to company and cannot be reduced to a single figure.
A broader regulatory regime could include more products under warning requirements, forcing some companies to reformulate products and subject them to testing and regulatory review to avoid warning labels. Smaller manufacturers could face a greater relative burden, with total costs ultimately tied to size of product range, packaging formats, inventory turnover speed, and whether reformulation is required.
Broader Implications
The Supreme Court’s order highlights the need for clear and scientifically-backed food labelling. It is clear that the Indian food industry is at a crossroads. The court’s questions focus on the details of the proposed framework, and it is likely that the final labelling regime will be shaped by a combination of scientific evidence, consumer awareness, and industry compliance. The outcome of this case will have significant implications for the food industry, consumers, and public health in India.
Food companies and regulators alike are waiting for FSSAI’s response to the Supreme Court’s questions, which will provide clarity on the future of food labelling in India. The court’s order notes that the right to health, particularly for children, is a critical consideration in this case, and the final outcome will likely be shaped by this principle.
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The FSSAI’s response is expected to address the court’s concerns and provide a clear direction for the food industry. The outcome of this case will be closely watched by industry stakeholders and consumers alike.
The Indian food industry is a significant sector, and any changes to food labelling regulations will have far-reaching implications. The Supreme Court’s order is a step towards ensuring that consumers have access to clear and accurate information about the food they eat.
The court’s decision will also have implications for public health in India. The consumption of high sugar, salt, and fat foods is a major concern, and clear labelling can help consumers make informed choices.
The FSSAI’s proposed framework is a step in the right direction, but it needs to be backed by sound scientific evidence. The court’s questions are aimed at ensuring that the framework is robust and effective.
The outcome of this case will be a significant milestone in the development of food labelling regulations in India. It will provide clarity on the future of food labelling and will have implications for the food industry, consumers, and public health.
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