Supreme Court questions FSSAI on indefinite FoPL Phase II timeline

The Court is reviewing the proposal submitted by the Food Safety and Standards Authority of India (FSSAI) regarding the design, thresholds, and phased implementation of these labels.

Who it concerns: Petitioner: 3S AND OUR HEALTH SOCIETY; Respondents: Union of India & ANR. (FSSAI); Bench: Not stated in the provided text.

What the court decided

• The Court acknowledged progress made by FSSAI but noted ambiguities in the proposal.
• The Court directed FSSAI to resolve the disparity in the definition of HFSS foods between the 2024 Dietary Guidelines and the 2022 Draft Regulations.
• The Court directed FSSAI to seriously consider the petitioner's argument against the 'two or more nutrients' threshold for Phase I.
• The Court directed FSSAI to provide a reasonable, scientifically justified, and clearly defined timeline separating Phase I and Phase II.
• The Court suggested FSSAI consider an alternate phased strategy involving a transition from higher to lower thresholds, citing the Israeli model.

Also in the document

• The Court expressed concern that the absence of a fixed timeline for Phase II could lead to indefinite postponement.
• The Court noted a discrepancy in the use of conjunctive ('and') and disjunctive ('or') terms in defining HFSS foods across different government documents.
• The Court stated that FSSAI is open to receiving suggestions regarding the basis for dividing the implementation phases.