FSSAI defies Supreme Court order on food warning labels, citing 'trade secrets' for withholding vital information

By A Representative

India’s food regulator, the Food Safety and Standards Authority of India (FSSAI), is facing strong criticism for deliberately delaying the implementation of crucial warning labels on High Fat, Sugar, and Salt (HFSS) food products. This comes despite a clear Supreme Court order on April 9, 2025, which mandated the completion of the "entire exercise" within three months. Adding to the controversy, the FSSAI is reportedly hiding expert reports and over 14,000 public comments under the pretext of "trade secrets."

The Supreme Court's order explicitly stated: “Let this exercise be taken within a period of three months from today.” However, instead of compliance, the FSSAI has sought a three-month extension and initiated new consultation processes, as evidenced in its application. FSSAI's own documents reveal that consultations only began in May 2025, after the Supreme Court order, holding four stakeholder consultations with Food Business Operators (FBOs) and other concerned stakeholders across Delhi, Goa, Hyderabad, and Kolkata on May 16th, 25th, 26th, and 30th, 2025.

Critics are questioning the FSSAI's emphasis on new consultations and the inclusion of fresh invitees for comments, especially when extensive public feedback was already invited in September 2022. Concerns are also being raised about potential conflicts of interest, with the FSSAI appearing to prioritize the food industry's interests by granting them an effective three-year delay and now seeking more time. The regulator’s refusal to share 14,000 public comments and an expert report through RTI requests, citing "commercial confidence," further fuels these suspicions.

An expert report is known to have existed before the Supreme Court order, yet it remains hidden, directly contradicting FSSAI’s claim to "...ensure transparent public consultation." This raises serious questions about the FSSAI's commitment to public health, which is considered an integral part of the right to life under the Constitution. The denial of RTI requests for sharing public comments and expert committee reports suggests a lack of transparency that ultimately benefits the junk food industry.

Immediate release of the Expert Committee report and all public comments is crucial for transparency. The public has a right to know the policy being made for them, especially concerning an issue that directly impacts their health. The FSSAI is urged to adhere to the Supreme Court's directive – “Let this exercise be taken within a period of three months from today” – and act immediately, or risk forfeiting public trust.

Dr. Arun Gupta, Central Coordinator of the Breastfeeding Promotion Network of India (BPNI) and Convener of Nutrition Advocacy for Public Interest (NAPi), and a former member of the PM’s Council on India’s Nutrition Challenges, expressed grave concern: "FSSAI is prioritising industry profits over children’s health. After 3 years of delays, hiding reports as ‘trade secrets’ while defying the Supreme Court is a betrayal of public trust."

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