India’s proposed front-of-pack warning labels for packaged food and drinks have come under legal scrutiny after health activists raised concerns over what they describe as a major loophole in the proposed rules.
Non-profit group 3S And Our Health has filed the first formal objection before the Supreme Court, which is already hearing petitions related to the proposed food-labelling system. The group has argued that the government’s plan could allow several products with potentially harmful levels of individual nutrients to escape warning labels.
Under the proposal, a red hexagonal warning would be required when a packaged food exceeds prescribed limits for at least two of three nutrients — added sugar, salt and saturated fat. Activists argue that this approach is inadequate because a product high in just one of these nutrients can still pose significant health risks.
Rajiv Shankar Dvivedi, a lawyer representing the non-profit, said the proposal could create what the group considers an “industry-friendly loophole”. The petition is scheduled to be heard by the Supreme Court on September 10.
The proposed warning-label system has triggered strong reactions from both health activists and the packaged food industry. Activists believe the rules should be stricter, while industry representatives have raised concerns that a large majority of packaged products could end up carrying warning labels, potentially affecting consumer demand.
The government, however, has indicated that the present proposal is only the first stage of a broader system. A government source said the rules could become stricter in a second phase, with separate warning labels for each nutrient that crosses the prescribed limit.
No timeline has yet been finalised for the different phases. The government is also waiting for the Supreme Court’s view before moving ahead with the next steps.
The debate comes amid growing concerns over obesity and diet-related health problems in India. A study published in The Lancet estimated that around 180 million Indian adults were overweight or obese in 2021, with the figure projected to rise substantially by 2050.
Globally, front-of-pack warning labels have been introduced in several countries. Health experts have pointed to Chile’s system, introduced in 2016, where separate black warning symbols are used for products high in specific nutrients.
The Indian proposal has also faced opposition from sections of the food and beverage industry. The issue gained further attention after reports that major companies and industry groups had lobbied against stronger warning labels.
The Supreme Court’s hearing on September 10 could therefore become an important step in determining how India moves forward with its proposed food-warning system.
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