Supreme Court Issues Notice In PIL Seeking Mandatory Front-Of-Package Warning Labels Indicating Levels Of Sugars, Salt & Saturated Fats On Packaged Food

A Public Interest Litigation (PIL) has been filed before the Supreme Court by 3S And Our Health Society Public Charitable Trust, a non-profit organization, urging the Union of India, along with State and Union Territory governments, to implement mandatory Front-of-Package Warning Labels (FOPL) on packaged foods.

The PIL emphasizes the need for clear and interpretive labels that indicate the levels of sugars, salt, and saturated fats in food products, a move it argues is critical to addressing the alarming rise in non-communicable diseases (NCDs) like diabetes and heart disease.

After hearing Advocate on Record (AoR) Rajiv Shankar Dvivedi, appearing for the petitioner organization, the Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra issued notice in the PIL and scheduled it for hearing on August 27. 

"Issue notice, returnable in four weeks. List the Petition on 27 August 2024," the Bench said in its order dated July 29. 

Highlighting the "alarming rise in the spread of diabetes and associated diseases" in our country, the PIL states, "Diabetes has emerged as a silent epidemic in India, affecting millions of individuals and posing a significant burden on our healthcare system. It is very prominent to mention here and draw attention of this Hon’ble Court that an alarming surge in non-communicable diseases (NCDs), affecting both children and adults."

The Petition states that globally, over 70 percent of all deaths are attributed to NCDs, which include lifestyle diseases. In India, NCDs claim 6 million lives annually. Shockingly, 1 in 4 individuals in the country are grappling with diabetes, predominantly attributed to obesity.

"The scientific community underscores the dangerous connection between increased consumption of junk foods and a heightened risk of diabetes, cancers, heart diseases, high blood pressure, mental health issues, and premature deaths. The pervasive marketing of these unhealthy products exacerbates the situation, leading to weight gain and elevated intake of sugars, salt, and saturated fat," the PIL reads. 

The PIL cites reports from the World Health Organization (WHO) and other health organizations that recommend robust policy frameworks to reduce the consumption of junk foods. These frameworks include restrictions on advertising and the implementation of consumer alert systems, such as FOPL, to promote informed choices and safeguard public health.

The petition also draws attention to the success of similar policies in other countries, urging India to adopt these practices to curb the rising trend of junk food consumption. It calls for the immediate implementation of warning labels on packaged foods, as proposed by the Food Safety and Standards Authority of India (FSSAI), to help consumers easily identify and avoid products with high levels of harmful ingredients.

"Front of Package Labelling serves as a powerful tool in empowering consumers to make informed choices about their diet and reducing the adverse impact of commercial interests of big corporates. It enables citizens to easily identify and understand the nutritional content and harmful ingredients present in packaged food and beverages, thereby making healthier choices. While the FSSAI has already recognized the significance of FOPL, it is crucial to expedite regulations that mandate the usage of warning labels in prominent positions on packaging," the PIL reads.

According to the Petition, the FSSAI has recognized the importance of FOPL but has yet to mandate the use of warning labels. The petition argues that this delay is detrimental to public health and to efforts to reduce the burden of NCDs in the country.

The PIL also mentions that the petitioner organization had previously written to the Ministry of Health and Family Welfare, Government of India, requesting the expedited formulation and implementation of these regulations but received no response. As a result, the petitioner was compelled to approach the Supreme Court to seek judicial intervention.

Cause Title: 3S and Our Health Society v. Union of India & Ors. [Writ Petition (Civil) No.437/2024]

Appearance:-

Petitioner: AOR Rajiv Shankar Dvivedi, Advocates  S.K. Sarkar, Rishabh Jain, Arti Dvivedi

Click here to read/download the Order