Processed Foods: Supreme Court Asks Centre to Adopt Clear Front-of-Package Labelling

The Supreme Court has asked the Union government to adopt Front-of-Package Labelling (FOPL) as a standard practice to empower consumers to make informed dietary choices regarding processed foods, emphasising that the right to life encompasses the right to health.

A Bench of Justices J B Pardiwala and K Vinod Chandran reminded the government that the State is obligated not only to refrain from actions that impair public health but also to take affirmative steps to protect it. The bench also referred to Article 47 of the Constitution, which casts a duty on the State to improve public health.

Why does the Supreme Court want front-of-package labelling?

Court said FOPL would serve as an assistive device to help consumers make informed and healthier dietary choices by providing easily understood nutritional information at the point of purchase.

"Front-of-package nutrition labelling serves as an essential assistive device to help consumers make informed, healthier dietary choices by providing readily understood nutritional information at the point of purchase. Effective labelling reduces confusion, discourages the consumption of ultra-processed foods, and mitigates health risks like obesity, diabetes, and heart disease associated with unhealthy diets," the Bench said.

Court was considering a miscellaneous application filed in the case of 3S And Our Health Society Vs Union of India.

The petitioner's counsel had suggested that every pre-packaged food product should carry a warning on its wrapper or packet in the form of front-of-package labelling. On February 10, 2026, the Court had asked the government to consider the suggestion.

During the hearing on August 13, Additional Solicitor General Brijender Chahar submitted that it was not possible to consider the suggestion as it would be difficult to comply with international standards relating to packaging.

The Bench, however, made it clear that the government's primary concern should be the health of citizens, particularly children.

"We have made ourselves abundantly clear in the past and we say today also that we are concerned with the health of the citizens of this country more particularly growing children. We have made this abundantly clear in the course of today’s hearing," the Bench said.

Disapproving of the Union government's stance that India could not match international standards, particularly those followed by developed countries, the Bench asked, "Should India remain as an underdeveloped country?"

"That’s the question we are putting forward for the Union to consider. The World should know that India is very much concerned about the overall health of its citizens, more particularly the growing children," it said.

How can FOPL help consumers make healthier choices?

Court said the purpose of FOPL was simple: to place relevant and easily understood nutritional information on food packaging at the exact moment a consumer makes a purchasing decision.

The Bench noted that obesity has been recognised as a public health challenge in India and said recent National Family Health Survey (NFHS) data "speak for themselves". It said unhealthy diet and lifestyle, including the consumption of processed foods, increase the risk of diabetes, heart disease and hypertension.

"We would emphasize on the impact of foods high in sugar, fat, and sodium on children as well as adults. All that we would say is that a balanced nutrient rich diet is crucial for a child’s growth, development and overall well-being. It does not merely affect a person’s physical health, it also affects how a person feels, performs and behaves," the Bench said.

Court also noted that refined sugar, refined flour and trans-fat increase the risk of heart disease and obesity and may contribute to hyperactivity in children. These ingredients also contribute to poor digestion, unhealthy weight gain, increased bad cholesterol and lower levels of good cholesterol.

"What compounds this concern is the scale of a child’s exposure to such products, often before they are equipped to evaluate what they are consuming," the Bench said.

According to the UNICEF Child Nutrition Report 2025, the percentage of overweight school-age children and adolescents aged 5 to 19 years increased from 2% to 10% between 2000 and 2022.

Court also noted the contrast in children's immediate food environment. While around 80% of the food and beverages available within schools are freshly cooked meals, nearly 80% of what is available in the vicinity of schools consists of packaged snacks. It said studies have found that a child's exposure to particular foods directly shapes dietary preferences.

The Economic Survey 2025-26 also recorded that India's ultra-processed foods market increased by more than 150% between 2009 and 2023. The court noted that this was also the period during which obesity doubled among men and women.

Supreme Court suggests looking at Chile, Canada models

The Bench said a standard labelling format could reduce confusion and make it easier for consumers to make informed purchasing decisions.

"What we are trying to convey is that the environment surrounding children and us is quietly dictating our habits. A standard labelling format would reduce confusion and make it easier for consumers to make informed purchasing decisions, and FOPL could educate consumers," the bench said.

"Awareness from FOPL would transform a label into a functional tool. Thus, the value of FOPL lies not merely in disclosure but in clarity, the precise difference between a consumer being told and a consumer being informed," it added.

The court suggested that India could take inspiration from countries such as Chile, Israel and Canada.

It noted that Chile, after recognising the need to address rising rates of childhood overweight and obesity, introduced measures to change food labelling and improve public awareness. The changes were introduced in a phased manner and resulted in a substantial reduction in consumer appetite, across socio-economic groups, for products high in salt, sugar, saturated fat and calories.

Similar changes were introduced by Canada in 2022 through Front-of-Package Nutrition Symbols.

Court said that not only developed countries but also developing countries had adopted international standards of packaging.

"A positive step in that direction would further accelerate our country’s endeavour to be fully developed, by bringing awareness to the public in general of the ill effects, emanating even from ‘indigenous foods’, despite our conviction that the ‘indigenous foods’ coming from the diverse cultures in this country were never intended to be packaged," the Bench said.

Centre to decide format of front-of-package labelling

Court said the Union government, in consultation with experts, could decide the visual appearance of FOPL, including the use of coloured indicators, interpretive words, numbers, letters or symbols, numerical information and percentages.

The Bench also emphasised the constitutional basis for protecting public health.

"The right to life under Article 21 encompasses the right to health. When the Constitution guarantees this right, it casts a corresponding duty on the State to not only refrain from actions that impair the health but also to take affirmative steps to protect it. Furthermore, Article 47 of the Constitution casts a duty on the State to improve public health as its primary duty," the Bench said.

Court said it was of the considered view that the Union government would not face any difficulty in implementing changes relating to FOPL, particularly since the issue was already before it, as evident from the suggestions in the Economic Survey.

"We still impress upon the Union, more particularly, the Committee to seriously consider our suggestions and take an appropriate decision at the earliest. If the Union does it on its own, well and good otherwise we shall proceed to pass further directions," the Bench said.

Court granted the Centre two weeks to place its final decision on record and posted the matter for further consideration on September 10, 2026.

Case Title: 3S And Our Health Society Vs Union of India & Anr

Bench: Justices J B Pardiwala and K Vinod Chandran

Date of Order: August 13, 2026