Case Note & Summary
The case involved a petition by Petitioner against the Respondents concerning the urgent need for implementing Front-of-Package Labelling (FoPL) on packaged foods. The petitioners argued that such labelling would help consumers make informed choices, particularly regarding foods high in fat, sugar, and salt, which are linked to various health issues. The Supreme Court had previously directed the Union to consider international standards for FoPL and to take affirmative steps to protect public health under Articles 21 and 47 of the Constitution. In response, the FSSAI submitted an affidavit outlining their proposal for a red hexagonal warning label for products high in specified nutrients. The court acknowledged the progress made but noted ambiguities in the proposal, particularly regarding the phased implementation strategy and the criteria for defining high-fat, sugar, and salt foods. The court expressed concerns about the lack of a clear timeline for implementation and the need for a scientifically justified approach to the thresholds for nutrients of concern. The court urged the FSSAI to consider the petitioners' suggestions and to clarify the specifics of the labelling, including font size and placement. Ultimately, the court emphasized the importance of consumer health and the need for effective labelling to facilitate informed food choices.
Headnote
A) Constitutional Law - Right to Health - Implementation of FoPL - Article 21, Article 47 of the Constitution - The court emphasized the State's duty to protect public health and urged the Union to implement FoPL for better consumer awareness regarding unhealthy food products. The court held that the right to health is integral to the right to life, necessitating affirmative action from the State (Paras 16-22).
Issue of Consideration
Whether the Union of India and FSSAI should implement Front-of-Package Labelling (FoPL) on packaged foods to enhance consumer health and safety.
Final Decision
The court directed the Union to take affirmative steps towards implementing FoPL and to clarify the specifics of the labelling proposal, including timelines and nutrient definitions.
Law Points
- Right to health
- Article 21
- Article 47
- Food Safety and Standards Act
- 2006
- Consumer protection
- Nutritional labelling
