Supreme Court questioned FSSAI on proposed front-of-pack warning labels for packaged foods high in sugar, salt and fat

The Supreme Court on Thursday raised key questions over the proposed introduction of front-of-pack warning labels on packaged food products containing high levels of sugar, salt, sodium and fats, particularly concerning the threshold that would determine when an ingredient is considered “high”.

The Bench of Justices JB Pardiwala and K Vinod Chandran was hearing the matter concerning regulatory measures for packaged food products.

The Court had earlier asked the Food Safety and Standards Authority of India (FSSAI) to consider introducing front-of-pack warning labels for products high in sugar, salt and saturated fat.

Justice Pardiwala questioned how the proposed warning system would operate and asked: “If a product is to carry a label saying high in sugar / high in salt / high in sodium, what is the threshold?”

The Bench also sought to know whether there were clear guidelines specifying when a particular ingredient would qualify as “high”. The Court noted that nutritional information is already disclosed on the back of packaged food products, but questioned how the proposed front-of-pack warning would be determined.

Senior Advocate Maninder Singh submitted that the applicable framework involved two conditions that had to be fulfilled simultaneously, including assessment of nutritional content based on quantity per 100 grams/100 ml as well as per serving. He illustrated the issue with products such as pickle, submitting that consuming 100 grams of such a product at one time may not be realistic and that serving size could therefore be relevant to the assessment.

Counsel alleges 'Complete U-Turn' by FSSAI

Advocate Rajiv Shanker Dvivedi alleged that the FSSAI had taken a “complete U-turn” between its earlier position and its latest stand.

Referring to a 2021 meeting and ICMR guidelines, Dvivedi placed before the Bench a chart highlighting what he submitted were differences between the positions taken by the food regulator.

The Bench directed the parties, including the Union government and FSSAI, to study the Court’s order and return with an appropriate further report.

Court flags concern over ultra-processed foods

During the hearing, counsel also raised a broader concern over the treatment of ultra-processed foods, arguing that such products should not necessarily be placed on the same footing as nutritionally different packaged foods such as eggs or salted cashews.

It was suggested that ultra-processed foods may require a higher level of warning.

Another issue raised before the Court concerned the proposed use of red colour for front-of-pack warnings. Counsel argued that red is conventionally associated with non-vegetarian food and suggested that another colour could be considered.

The Bench responded: "Leave it to us.”

'We are concerned with the Health of People'

The Bench underscored that the matter concerned public health, particularly the health of children. “We are concerned with the health of people, more particularly growing children,” the Bench observed.

The Court said it was taking the issue very seriously and expected all parties to cooperate in what it described as a matter of national interest. The Bench directed the parties to carefully study the order and assist the Court on the regulatory framework governing front-of-pack warning labels.

The Court also made it clear that the next hearing would require the parties to come prepared with the necessary material and would not merely be another round of submissions.

The matter will now be taken up on September 28.

About the PIL

In February, the Court had asked Food Safety and Standards Authority of India (FSSAI) to consider introducing mandatory front-of-package warning labels (FOPL) on packaged food products high in sugar, sodium and saturated fat observed that such regulatory measures are essential to safeguard citizens’ right to health.

In April last year, court had directed the Expert Committee constituted by the FSSAI to prepare its recommendation and submit a Report within 3 months. On 30th January 2026, a compliance affidavit affirmed by Dr. Kavitha Ramasamy, Joint Director, FSSAI was filed before the Supreme Court. FSSAI told the court by way of a compliance affidavit that it intends to conduct further research and undertake a systematic mapping of a representative sample of different varieties of packaged foods across both solid and liquid categories.

It further intends to conduct surveys among consumers to assess the extent of usage of label information; conduct periodic review of the FoPNL trends globally and ensure wider stakeholder consultation with the industry; small, medium and micro enterprises.

"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. The suggestion is that on the wrapper/packet of any pre-packaged food product, there must be warning in the form of front of-package labelling", the bench had noted.

The petitioner, 3S and Our Health Society, has drawn attention of the Court on the alarming rise in the spread of diabetes and associated diseases in our country. "Diabetes has emerged as a silent epidemic in India, affecting millions of individuals and posing a significant burden on our healthcare system....Shockingly, 1 in 4 individuals in the country is grappling with diabetes, predominantly attributed to obesity", the PIL states.

On the increased consumption of junk foods, it has been submitted that pervasive marketing of these unhealthy products exacerbates the situation, leading to weight gain and elevated intake of sugars, salt, and saturated fat. Highlighting the potential benefits of implementing Front of Package Labelling (FOPL) with warning labels as proposed by the Food Safety and Standards Authority of India (FSSAI), the plea states, "Front of Package Labelling serves as a powerful tool in empowering consumers to make informed choices about their diet and reducing the adverse impact of commercial interests of big corporates. It enables citizens to easily identify and understand the nutritional content and harmful ingredients present in packaged food and beverages, thereby making healthier choices....".

It has been submitted that the implementation of FOPL with warning labels would not only help tackle the rise in cases of diabetes and associated diseases but also address other non-communicable diseases, including obesity, hypertension, and cardiovascular conditions.

Case Title: 3S and Our Health Society v. Union of India & Ors.

Bench: Justices JB Pardiwala and K Vinod Chandran

Hearing Date: September 10, 2026

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