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Public health advocacy group challenges key aspects of FOPL regime
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Saturday, 12 September, 2026, 08 : 00 AM [IST]
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Ashwani Maindola, New Delhi
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Public health advocacy group '3S and Our Health Society' has filed a rejoinder before the Supreme Court of India, challenging key aspects of the Food Safety and Standards Authority of India's (FSSAI) proposed Front-of-Pack Labelling (FOPL) regime.
While welcoming the regulator's shift toward red hexagonal warning labels, the petitioner cautioned that the current proposal contains loopholes that undermine consumer safety.
The rejoinder, submitted by Advocate Rajiv Shankar Dvivedi, responds to an FSSAI compliance affidavit dated August 28. The Supreme Court had previously directed the Union Government to establish the visual format and regulatory structure for warning labels on high-fat, sugar, and salt (HFSS) packaged foods.
Highlighting primary technical and structural concerns, the rejoinder noted that FSSAI's Phase I proposal restricts red warning labels exclusively to products exceeding thresholds for two or more nutrients of concern. The petitioner argued this allows products dangerously high in a single harmful ingredient to enter the market without any warning label.
The filing further pointed out that while Phase II intends to cover single-nutrient violations, the FSSAI affidavit sets no binding deadline or execution schedule for its rollout. Warning that this open-ended structure risks indefinite deferment, the petitioner urged the court to mandate full implementation within 12 months.
Countering the FSSAI affidavit, which bases warning thresholds on 'added sugar' and 'added saturated fat', the rejoinder contended that added sugars cannot be independently verified or isolated via standard laboratory testing once mixed into finished products. The petition urged the court to mandate thresholds based on total sugar and total fat, citing consensus reached during FSSAI's 2021 stakeholder proceedings and ICMR-NIN guidelines.
Additionally, the petitioner called upon the FSSAI to formulate a clear definition of ‘ultra processed food’.
The matter remains pending before the Supreme Court as public health experts push for strict, scientifically sound labelling rules.
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