SUPREME COURT OF INDIA
J.B. PARDIWALA AND R. MAHADEVAN, JJ.
3S And Our Health Society – Appellant
Versus
Union Of India And Others – Respondent
Writ Petition(Civil) No. 437 of 2024
Decided on : 09-04-2025
Key Points: - The petition seeks issuance of guidelines for Front-of-Package Warning Labels on packaged foods under Article 32 of the Constitution. (!) - The Court disposes the writ petition with a directive for the Expert Committee to promptly prepare recommendations for amending food labeling regulations and to submit a report within three months. (!) (!) - The affidavit states FSSAI’s regulatory role under Section 16 of the FSSA, and its actions toward implementing Front-of-Pack Nutrition Labelling and the proposed INR/FOPNL, including a draft notification notified on 13.09.2022 and public feedback. (!) (!) (!) (!) (!) - Public consultation yielded over 14,000 comments on the draft amendment notification, indicating robust stakeholder engagement. (!) - An Expert Committee was constituted on 17 February 2023 to review comments and prepare recommendations; its report will be submitted to the Scientific Committee for further recommendation and approval. (!) (!) - The Union has decided to undertake amendments in the Food Safety and Standards (Labeling and Display) Amendment Regulations, 2022. (!) - The order directs disposal of pending applications and lists matter after three months to report compliance. (!) (!)
| Table of Content |
|---|
| 1. public interest writ petition context (Para 1 , 2 , 3) |
| 2. fssai's role and responsibilities (Para 4 , 5 , 6) |
| 3. court's directive for fssai (Para 7 , 8 , 9 , 10) |
ORDER :
1. This Writ Petition filed in public interest invoking Article 32 of the Constitution seeks the following reliefs:-
(a) Issue a Writ of Mandamus or any other appropriate Writ or Directions to the Union of India for taking cognizance and issuing appropriate directions or making regulation for Front-of-Package Warning Labels on Packaged Foods ; and/or
(b) Pass any other order(s) and/or direction(s), as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
2. The petitioner has appeared in-person.
3. Mr. Brijender Chahar, the learned Additional Solicitor General appears for the Union of India.
4. Today, when the matter was taken up for further hearing, the learned ASG invited our attention to the affidavit filed and duly affirmed by Joint Director, Food Safety and Standards Authority of India. The affidavit reads thus:-
"COUNTER AFFIDAVIT ON BEHALF OF THE RESPONDENT No.2 & 4
That I, Permual Karthikeyan, S/o Shri R. Perumal aged about 53 years, presently working as Joint Director, Food Safety and Standards Authority of India and having office situated at 3rd floor and 4th Floor, FDA Bhawan Kotla Road, New Delhi 110002, do hereby solemnly affirm and sincerely state as follows:
1. It is submitted that an impleadment application was filed by Food Safety and Standards Authority of India and vide Order dated 14.11.2024 the impleadment application No. 241034 of 2024 was allowed and Food Safety and Standards Authority of India (herein after refereed as "FSSAI') was impleaded as Respondent No.4.
2. That the deponent is fully conversant with the facts and circumstances of the instant case and is duly authorised to file this affidavit, which is based on the records of this office.
3. That the deponent has read the contents of the present Writ Petition under reply and I say that the petition seeks the implementation of clear Front-of-Pack Warning Labels on packaged food products to indicate levels of sugars, salt and saturated fats. 4. That the Food Safety and Standards Authority of India (hereinafter 'Authority') is the statutory body established under Section 4 of the Food Safety and Standards Act, 2006 (hereinafter 'FSSA, 2006'), an act promulgated by the Parliament in 2006 for consolidating laws relating to food and setting science-based standards for food articles, and regulating their manufacture, storage, distribution, sale and import. The applicant is also entrusted with the function of ensuring availability of safe and wholesome food fit for human consumption and for dealing with any other matters connected therewith or incidental to food safety. The Preamble of the Act reads as under:
"An Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto."
5. That Section 16 of the FSSA, 2006 specifies the duties and functions entrusted with the aforementioned Authority. That Section 16 (1) of the FSSA, 2006 binds the FSSAI to regulate and monitor the distribution and sale of food to ensure public health and safety While, Section 16 (2) empowers the Authority to set standards and guidelines in relation to food articles, specifying the system for enforcement of such standards, as well as the food labelling standards.
6. That implementation of food labelling standards including claims on health, nutrition, special dietary uses and food category systems for foods falls within the regulatory domain of FSSAI under Section 16 (2) (h) of FSS Act, 2006 and regulation namely Food Safety and Standards (Labelling and
AI
The responsibility of the authorities for strict implementation of food safety regulations and the need for specific instances of violation to support a petition.
Compliance with food safety regulations is mandatory; identical labeling of product dates misleads consumers and violates statutory requirements.
Misbranding under food safety law confirmed; the firm failed to meet labeling standards, and the procedural fairness in the hearing was upheld.
The absence of a regulatory framework for genetically modified foods under Section 22 of the Food Safety and Standards Act violates the right to life and health, necessitating immediate legislative a....
Prosecution under the Food Safety and Standards Act requires a confirming report from the Referral Laboratory; divergence in findings precludes legal action.
The court affirmed the need for compliance with health regulations regarding misleading product labeling and marketing to protect public health, especially for children.
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