The Supreme Court has expressed dissatisfaction with the compliance affidavit filed by the Food Safety and Standards Authority of India (FSSAI) in a public interest litigation seeking mandatory front-of-package warning labels on packaged food items.
The PIL calls for clear warnings on products that contain high levels of sugar, salt and saturated fats.
Bench Hearing the Matter
A Bench comprising Justice JB Pardiwala and Justice KV Viswanathan heard a miscellaneous application filed in the PIL instituted by 3S and Our Health Society.
The petitioner has urged the Union of India to introduce clear front-of-package warnings on pre-packaged food products.
Earlier Directions Issued by Supreme Court
The Court had disposed of the main writ petition on April 9, 2025.
At that time, FSSAI informed the Court that it had already initiated steps to implement Front-of-Pack Nutrition Labelling. These steps were to be taken through proposed amendments to the Food Safety and Standards (Labelling and Display) Regulations, 2020.
The Court had also directed the Expert Committee constituted by FSSAI to submit its recommendations within three months. The matter was to be listed later for compliance.
Compliance Affidavit Filed by FSSAI
During the present hearing, the Bench examined the compliance affidavit dated January 30, 2026.
Dr. Kavitha Ramasamy, Joint Director, FSSAI, filed the affidavit.
The Expert Committee noted that stakeholders had not reached consensus on the proposed Indian Nutrition Rating model, which FSSAI notified in 2022.
The Committee also raised concerns about the star-rating algorithm. It stated that feasibility could not be determined without operationalising the model.
Draft Amendment Regulations Deferred
The affidavit also referred to the Draft Food Safety and Standards (Labelling and Display) Amendment Regulations, 2025, notified in February 2025.
These draft regulations proposed that nutrition information should appear in bold letters.
However, the Food Authority deferred the matter during its 49th meeting held on November 24, 2025. It stated that it would place the issue before an upcoming meeting.
Court Notes Lack of Concrete Outcome
FSSAI informed the Court that it intends to conduct further research.
It also plans to:
- map packaged foods across categories,
- conduct consumer surveys,
- review global trends, and
- hold wider consultations with stakeholders, including small and medium enterprises.
The Court observed that the exercise undertaken so far had not produced any positive or concrete result.
It also noted that the PIL raised an important issue concerning the right to health of citizens.
Suggestion for Warning Labels Considered
The Bench recorded the petitioner’s submission that packaged food products should carry a warning directly on the wrapper or packet.
The Court noted that front-of-package labelling is internationally prevalent.
The Bench observed:
“Prima-facie, we are of the view that whatever exercise has been undertaken so far has not yielded any positive or good result.
The PIL was filed with a particular purpose. It raised an important issue as regards the right to health of the citizens of this country.
Today, what has been suggested by the learned counsel appearing for the petitioner also makes some sense and we want the authority to take this aspect into consideration.”
Matter Listed After Four Weeks
The Court granted four weeks’ time to the authority to file a fresh response.
It listed the matter for further hearing thereafter.
Appearance: AoR Rajiv Shankar Dvivedi for the petitioner; ASG Brijender Chahar for the Union.
Case Title: 3S and Our Health Society v. Union of India
