Now strictness on food items is increasing in India. Be it edible oil, biscuits or health drinks available in the market. The claims written on the packet of each item are being scrutinized. The Food Safety and Standards Authority of India (FSSAI) has issued more than 150 notices to various companies in the last few months for misleading advertisements, false claims and labeling irregularities. Over the past few days, FSSAI has intensified its scrutiny of claims on food products, energy drinks, online sales and food safety regulations.

Action has been taken against these companies

In August, action was taken against claims such as ‘100% Atta’, ‘100% Madhya Pradesh Wheat’ and ‘0% Maida’ written on the packaging of ITC-sanctioned MP Chakki flour. The company challenged this action in the Delhi High Court. Granting interim relief, the court restrained the cancellation or suspension of the license of the company. Currently the case is in court.
Claims such as ‘100% veg’ and ‘cholesterol free’ on AWL Agri Business’ Soya Health refined soybean oil also came under scrutiny.
Dabur had challenged the order related to labeling ‘100% pure’, ‘100% natural’ and ‘100% organic’ on products like honey, ghee and oil. The Delhi High Court stayed this order. However, this does not mean that the court has finally upheld these claims.
In June, FSSAI issued notices to 14 companies for using the words ‘healthy’ and ‘organic’ on products like bread, poha, supplements, pizza base, chips, oil, ghee and drinking water. These included names like Emami Healthy & Tasty, NewHerbs, Trovi, Healthy Master and Two Brothers Organic Farms.

Products from Horlicks and Nestlé are also under scrutiny

Questions have been raised about the nutrition and health claims made on Hindustan Unilever’s Horlicks products. Horlicks Women’s Plus was tested for claims like ‘Nutrition for strong bones’, ‘Clinical certification to help increase bone strength in 6 months’ and improving bone health.
In addition, claims regarding muscle health, ‘no added sugar’ and the daily requirement of some nutrients were also questioned. FSSAI also issued a notice on claims related to Horlicks Mothers Plus Saffron regarding pregnancy, breastfeeding and healthy baby weight.
Some of Nestlé India’s products also came under scrutiny. Questions were raised about the difference between the words ‘flavored milk’ on the front of the company’s Nescafé ready-to-drink product packet and ‘dairy-based drink beverage’ written on the back. Inaccuracies were also reported in information about online sales.
Baby nutrition products NAN Excella Pro Stage 1 and Lactogen Pro 1 were tested for claims related to certain elements found in human milk, whey protein and ease of digestion. Nestlé said its products comply with regulations and their labels were approved by FSSAI’s expert committee.

Also action on cooking oil and energy drinks

On October 16, FSSAI issued notices to Gemini Edibles & Fats India, BigBasket operator Innovative Retail Concepts and Flipkart India regarding claims related to Freedom Cooking Rice Bran Oil.

The oil helps lower bad cholesterol, maintain or increase good cholesterol, and is claimed to contain over 10,000 PPM of natural oryzanol. According to FSSAI, these claims related to cholesterol and heart health were not acceptable under applicable regulations. Gemini was also accused of not having a valid central e-commerce license.

The regulator also showed strictness on energy drinks. FSSAI asked companies to stop using the term ‘energy drink’. He said there is no separate standard for the name in India and some claims such as energizing the body or mind or relieving general weakness may mislead consumers. The order was challenged in court by Red Bull, PepsiCo, Monster Beverage and Reliance Consumer Products.

On September 29, the Delhi High Court quashed the order issued against Red Bull, as the company did not get an opportunity to present its side. On October 6, the court granted interim relief to Reliance Consumer Products, PepsiCo and Monster and stayed the relevant orders pending further hearing.

PepsiCo and its bottlers were allowed to sell existing stock bearing the ‘energy drink’ label, but not to create new products with this label. On October 15, PepsiCo told the court that if the ban continues, it may run out of stock across the country in two months. The next hearing in these cases was fixed on November 5. The court is yet to give its final verdict on whether the regulator’s action was right or wrong.

Restaurants, hotels and online platforms are also under scrutiny

FSSAI’s action is not limited to packaged products only. In August, the regulator issued more than 30 notices to food establishments including KFC, McDonald’s, Pizza Hut, Domino’s and Costa Coffee. According to reports, the licenses of five Domino’s outlets were suspended.

More than 20 notices were also issued in cases of non-disclosure of calories and required information in the menu. The reports named hotel groups such as Marriott, Hilton, Hyatt, Radisson Hotel Group, Four Seasons and Shangri-La. 12 notices were also issued to e-commerce platforms including Amazon and Flipkart. According to reports, Amazon Warehouse’s license was revoked.

Prosecution proceedings against Priagold, Dodla Dairy and Uir

On October 17, FSSAI announced action against Surya Food & Agro, Dodla Dairy and Ueir Organic Foods. In this case, various irregularities related to biscuit production, milk and yellow raisins were exposed. An investigation was conducted at the premises of Surya Food & Agro, a Priyagold biscuit manufacturing company, following a customer complaint. According to the regulator, bran was used as a source of fiber in making biscuits, which was kept for cattle fodder. The investigation also found deficiencies in factory cleanliness, pest control, storage, employee hygiene and premises maintenance. Action was initiated by suspending the license of the company.

A sample of full cream milk from Dodla Dairy was found to have less fat than the previously prescribed standard. After the company’s appeal, re-testing was done at the referral lab. The sample was declared unsafe due to the presence of detergent or caustic soda in this test. Apart from this, the fat content was also found to be below the prescribed minimum level.

A sample of yellow raisins from Ueir Organic Foods was found to have pesticide residues above the prescribed limit. The referral lab also confirmed that some residues exceeded the prescribed limits. Apart from this, notices were issued to Narpadham Foods, Sun Regis Health Cares and Sha Kantilal Jayantilal regarding deficiencies in hygiene, storage, license and business related documents. In some places, food items were found stored directly on the floor and required food safety and supplier records were also not available.

What does this mean for consumers?

These actions of FSSAI are aimed at checking the claims made on food products and their safety. It is important for consumers not to buy products based on bold claims such as ‘100% pure’, ‘natural’, ‘healthy’ or ‘cholesterol free’. Also check the ingredients list, nutritional information, use by date and manufacturer’s description on the packet. Keep in mind that issuing a notice to a company does not in itself prove it guilty. Courts have granted interim relief in some cases and the final decision is still pending in many cases.