Recently, the Food Safety and Standards Authority of India (FSSAI) has raised concerns over misleading claims made by Food Business Operators (FBOs), which are found to violate the Food Safety and Standards (Advertisements & Claims) Regulations, 2018. In 2022, the Central Consumer Protection Authority (CCPA) introduced guidelines to counteract false or misleading advertisements. The issue at hand primarily revolves around unverified claims made by companies selling products like nutraceuticals, refined oils, pulses, flours, millets, and ghee. These false assertions, lacking in scientific proof, have the potential to mislead consumers and negatively impact their health.
Misleading Advertisements: Manipulating Consumer Choices
In many cases, FBOs make false or unsubstantiated claims about a product’s nutritional content, benefits, and ingredient mix. This type of misinformation can lead to consumer confusion, and potentially, harm to their health if they make incorrect food choices based on these false claims. Due to the gravity of the concerns, the FSSAI has referred these cases to licensing authorities who will issue notices to the companies involved. If these firms fail to comply, they may face penalties, suspension, or cancellation of their licenses under Section-53 of the Food Safety and Standards (FSS) Act, 2006.
Consumer Protection and Mitigation of Misleading Ads: An Initiative
To mitigate the issue of misleading advertisements, several regulations have been implemented. The FSS Act 2006, for instance, prohibits product claims suggesting suitability for prevention, treatment, or cure of diseases, disorders, or particular physiological conditions, unless specifically allowed as per the act’s regulations. The Consumer Welfare Fund, established under the Central Goods and Services Tax (CGST) Act, 2017, has been instrumental in promoting and safeguarding consumer welfare. The Central Consumer Protection Council vigilantly monitors consumer protection laws, facilitates consumer education, and provides consumer redressal mechanisms.
Protecting Consumers in the E-commerce Space
The Consumer Protection (E-Commerce) Rules, 2020, are mandatory rules that prevent sellers from refusing to take back goods or withdraw services, or refuse refunds if the goods or services are defective, deficient, delivered late, or if they fail to match the description on the platform.
Decoding Packaged Food Labels
Packaged food often comes with tags like ‘natural’, ‘fresh’, ‘pure’, ‘original’, etc. A product can only be referred to as ‘natural’ if it is a single food derived from a recognised natural source with nothing added to it. The term ‘fresh’ can only be used for food products that retain their basic characteristics and have not undergone any process to extend shelf life. The term ‘pure’ should only be used for single-ingredient foods that contain no additives and are free from contamination. Nutritional claims made in food advertisements must provide equivalent nutritional value as the reference food and should be backed with verifiable data.
The Way Forward
Companies need to support their claims with technical and clinical evidence and must modify advertisements so consumers can interpret them correctly. FSSAI and other state food authorities must conduct surveys of food business activities in their jurisdictions to ensure enforcement and administration of the FSS Act. There’s a need for increasing compensation and fine limits in cases of injury or death. Additionally, adequate infrastructure such as food testing laboratories should be provided.
About UPSC Civil Services Examination Question
In the 2018 UPSC Civil Services Examination, a question was asked about the Food Safety and Standards Act, 2006 and the FSSAI. The correct answer was option (a) since FSSAI, an autonomous body under the Ministry of Health and Family Welfare, Government of India, was established under the Food Safety and Standards Act, 2006. The Act replaced several previous acts and orders, consolidating various food-related issues in different ministries and departments.
