Regulating Ultra-Processed Foods - The Need for Stronger Policies
March 11, 2025

Context:

  • PM Modi has called for tackling obesity and the 2025 Economic Survey recommends imposing a ‘health tax’ on ultra-processed foods (UPFs) to reduce consumption.
  • India faces a growing obesity crisis. According to the National Family Health Survey (NFHA)-5, one in four adults is obese and one in four adults is diabetic or pre-diabetic.

Issues in Food Labelling and Advertising

  • Regulatory challenges:
    • The Food Safety and Standards Authority of India (FSSAI) has failed to implement strong food labelling and advertising regulations since 2017.
    • Current regulations are ambiguous, subjective, and industry-friendly. No front-of-pack warning labels exist despite growing health risks.
  • The flawed Indian Nutrition Rating (INR) system:
    • Proposed in September 2022 by FSSAI, modeled after Australia’s failed ‘health star’ system, it assigns 1 to 5 stars to packaged foods based on nutritional content.
  • Criticism:
    • Misleading consumers by creating a false ‘health halo’ around unhealthy foods.
    • To support the rating system, the FSSAI cited a study from IIM Ahmedabad, which it never critically examined.
    • Food industry representatives dominated key stakeholder meetings and members of the scientific panel were sidelined.
    • The FSSAI ignored its own 2021 draft regulations indicating ‘traffic light’ colour-coded and mandatory warning labels and instead bowed down to industry lobbying.
    • Example of misclassification:
      • Soft drinks with high sugar content may get 2 stars instead of a warning label.
      • Cornflakes (high in sugar and sodium) get 3 stars, misleading consumers.
  • Ineffective advertising regulations:
    • India has four laws regulating advertising of HFSS (High Fat, Salt, Sugar) foods, but none are effective.
    • Consumer Protection Act, 2019: Defines misleading advertisements but does not mandate nutritional disclosure.
    • National Multisectoral Action Plan (2017): Recommended stricter HFSS advertising rules, but no action was taken.
    • Loophole: Advertisements do not disclose sugar/salt/fat content, allowing brands to target children.

Global Best Practices and Recommendations:

  • Chile’s ‘High In’ Warning Labels: Reduced UPF consumption by 24%.
  • World Health Organization (WHO) guidelines recommend clear front-of-pack warning labels.

The Way Forward:

  • Implement front-of-pack warning labels: Scrap the INR system and replace it with mandatory ‘High in Sugar/Salt/Fat’ warnings.
  • Define and regulate UPFs and HFSS foods: Establish clear sugar/salt/fat limits based on WHO and Indian Council of Medical Research-National Institute of Nutrition (ICMR-NIN)
  • Strengthen advertising regulations: Amend existing laws or introduce a comprehensive advertising ban on HFSS/UPFs. Harmonize regulations across multiple laws for consistency.
  • Public awareness campaigns: Launch a national campaign in multiple languages to educate people on the health risks of UPFs.

Conclusion:

  • Obesity in India is a policy failure, not a public failure.
  • Weak and subjective labelling and advertising laws have let junk food giants enjoy the freedom to make profits at the expense of public health.
  • The Economic Survey provides a roadmap, but urgent regulatory action is needed.
  • PM Modi’s vision of a healthy India requires decisive steps, not industry-influenced policies.

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