The Food Safety and Standards Authority of India (FSSAI) has filed a six‑page compliance affidavit before a Supreme Court bench, proposing the introduction of red‑coloured hexagonal front‑of‑pack (FoP) warning labels on packaged foods that are high in added sugar, added saturated fat or salt. The move comes after the Court criticised the regulator for not providing clear, easily understandable warnings on such products.
Design and Content of the Proposed Labels
According to the affidavit, the warning would be pictorial and displayed in a red hexagon that stands out on the front of the package. The label would carry concise statements such as “High Fat”, “High Sugar”, “High Salt” or “Highly Sweetened Beverage”, depending on the nutrient profile of the product. To ensure visibility, the font size of the warning would be one point larger than the font used in the nutrition information table on the back of the pack.
The thresholds that trigger the warning are to be based on the Dietary Guidelines for Indians, 2024, issued by the ICMR‑National Institute of Nutrition. Under the proposal, a product that exceeds the limits for any two or more of the specified nutrients – added saturated fat, added sugar and salt – would be required to display the red hexagonal warning. The label would also apply to sweetened beverages that meet the high‑sugar criteria.
Two‑Phase Implementation Plan
FSSAI has outlined a two‑phase rollout to give the food industry time for reformulation while safeguarding consumers’ right to clear information. In Phase I, the warning regime would cover products that are high in two or more of the targeted nutrients as well as the specified sweetened beverages. Phase II would expand the requirement to products that are high in any one of the nutrients.
The regulator emphasised that the mechanism is intended to help vulnerable groups, particularly children, make more informed food choices. By phasing the implementation, the authority aims to balance public health objectives with the practicalities of product reformulation.
Exemptions and Existing Regulations
The proposal explicitly exempts single‑ingredient foods and items that are inherently rich in fat, sugar or salt. The affidavit lists examples such as ghee, edible oil, salt, sugar, jaggery and honey. While these products would not carry the new front‑of‑pack warning, they would continue to be subject to other food safety and labelling regulations currently in force.
Supreme Court Intervention and Legal Background
The filing follows a sharp rebuke from a two‑judge Supreme Court bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran. The bench had earlier questioned FSSAI’s decision to forgo interpretive front‑of‑pack labels that would clearly indicate levels of sugar, salt and saturated fat. The Court noted that the regulator’s earlier preference for displaying daily recommended limits in a pictorial format, based on the 2024 ICMR‑NIN Dietary Guidelines, was not easily relatable for the average consumer.
Justices Pardiwala and Chandran also raised concerns that the regulator might be yielding to pressure from the food industry and questioned the Union’s stance that international standards could not be applied in India. Their remarks highlighted worries about the health of children, who are especially attracted to packaged foods.
In response to the Court’s observations, the FSSAI withdrew its earlier decision against imposing warning labels and submitted the current proposal. The bench warned that a judicial order would follow if the regulator failed to devise appropriate regulations.
Public Interest Litigation and Stakeholder Comments
The Supreme Court hearing was part of a public interest litigation (PIL) filed by the non‑governmental organisation 3S And Our Health Society. Advocate Rajiv Shankar Dwivedi, representing the petitioner, said that while the FSSAI’s decision marks progress, it is not entirely satisfactory. He indicated that the petitioner plans to file a rejoinder after reviewing public comments on the proposal.
The case is recorded as 3S AND OUR HEALTH SOCIETY v UNION OF INDIA AND ANR, case number 15 MA 1177/2025, filed in W.P.(C) No. 437/2024.
Overall, the proposed red‑hexagonal warnings represent a significant shift in India’s food‑labeling landscape, aiming to provide clearer, more prominent information to consumers, especially children, about products high in sugar, saturated fat and salt. The two‑phase approach seeks to give manufacturers time to adjust while ensuring that public health considerations are addressed promptly.
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