The Supreme Court on Monday (September 28, 2026) questioned the Food Safety and Standards Authority of India (FSSAI) over its proposed deadline – of nearly two years — for implementing front-of-pack warning labels (FoPL) on packaged foods, asking why it wanted to “waste so much time” on fresh public and industry consultations when the issue concerned citizens’ health.
Supreme Court slams FSSAI for not introducing front-of-pack warning labels on packaged food products The court’s remarks came as it pressed the food safety regulator to expedite the introduction of warning labels on packaged foods high in sugar, salt and saturated fat.
Responding to the court’s September 10 order, which raised several questions over the size, colour, and placement of the proposed labels as well as the timeline for their implementation, the FSSAI said in an affidavit filed last week that the draft regulations would require a four-month process of consultation and finalisation.
It proposed notifying the labelling norms by July 1 next year, following which food business operators would be given another 365 days to transition to the new regime to ensure minimal hardship.
Front and centre: On the front-of-package labelling issue “Why voluntary compliance for a year?
Why do you need so much time?
Why do you want to start afresh with the exercise of hearing and calling for objections?
You started in 2022.
What did you do in the last four years?” a Bench of Justices J.B.
Pardiwala and K.
Vinod Chandran asked while reserving its order in the matter.
PIL petition The top court was hearing a public interest litigation (PIL) petition filed by non-profit organisation 3S and Our Health Society, seeking the introduction of FoPL guidelines on the lines of those in force in foreign jurisdictions.
The petitioner, represented by advocate Rajiv Shankar Dwivedi, has argued that such labels are necessary to warn children and other consumers about packaged foods containing high levels of salt, sugar and saturated fat, and their potential adverse health effects.
FSSAI proposes front-of-pack red pictorial warnings for foods high in fat, sugar, salt Additional Solicitor-General Brijender Chahar, appearing for the Centre and the FSSAI, explained that the exercise initiated in 2022 concerned the Indian Nutrition Rating (star-rating) system and was based on a different yardstick from the warning-label regime now under consideration.
“Today, the yardstick is completely different.
We have set four months for drafting the regulations.
The rest we leave it to my Lords — how much time should be given for compliance,” Mr.
Chahar submitted.
Public health goal Justice Pardiwala appreciated the steps taken by the regulator so far, but said much more remained to be done to give meaningful effect to the court’s objective of protecting public health.
The Bench also indicated that it would seek to strike a “balance” while fixing a reasonable timeline to roll out the warning labels.
FSSAI’s proposed warning labels could let unhealthy foods escape scrutiny, says expert “We appreciate whatever you have done so far, and we appreciate your initiative, but there is a lot which is required to be done to give meaningful effect to what we want to achieve… We are undertaking this entire exercise for the good of the nation, for the good of the citizens, so we expect the authority to accept our order in its true spirit,” the Bench said.
The Bench further made it clear that its forthcoming directions would be binding on the regulator and said it expected the FSSAI to implement them “scrupulously” and in their “true spirit”.
The court also indicated that it would keep the matter pending to monitor compliance with its directions.
“We will now pronounce the final order.
We will again keep it for some time to ensure due compliance with each and every direction.
Do not disappoint us on the day when the matter comes up for reporting compliance,” the Bench told the regulator.
Single-phase proposal In its affidavit filed earlier, the FSSAI had told the top court that it was prepared to roll out FoPL for packaged foods in a single phase, departing from its earlier proposal for a two-stage implementation based on the number of “nutrients of concern” present in a product.
“The FSSAI proposes to adopt a single-phase approach for the implementation of Front-of-Pack Nutrition Labelling.
To finalise the draft regulations, it requires a four-month period, and there shall be a ‘voluntary implementation period of 365 days’ by Food Business Operators (FBOs),” the affidavit had stated.
India open to stricter red warnings on food packs in latest setback for companies On the design of the warning label, the regulator modified its earlier proposal for a red hexagon and suggested placing the hexagon against a white, square-shaped background, drawing from the labelling format followed in Canada.
The FSSAI also clarified that the warning requirement would not be confined to products containing high levels of two or more nutrients of concern.
Packaged foods exceeding the prescribed threshold for even one such nutrient would carry the warning.
Under the proposed framework, the warning label would be prominently placed on the top-left corner of the front of the package for greater visibility.
The warning would also appear in a font larger than that used for the nutritional information displayed on the back of the pack.
Note of caution Earlier, the top court had also flagged a possible unintended consequence of the proposed regime.
It had noted that requiring manufacturers to reduce salt, sugar and fat — ingredients that add to taste, texture, and shelf life — could prompt greater reliance on artificial preservatives, emulsifiers and other additives.
Supreme Court questions FSSAI on thresholds for ‘high’ sugar, salt, fat warnings The Bench had therefore asked the FSSAI to examine this possibility and consider corresponding regulatory safeguards to ensure that reducing one set of potentially harmful ingredients does not result in their substitution with other additives that could pose health concerns.
For determining the products that would require such warnings, the FSSAI has proposed adopting threshold values for added sugar, added fat used in cooking, and salt per 100 g/ml, as prescribed in the Dietary Guidelines for Indians, 2024, issued by the ICMR-National Institute of Nutrition (NIN).
