IPU Member Anil Kumar Namdeo (GWL)
Recent Supreme Court of India rulings have strengthened FSSAI’s authority on food safety, emphasizing that the FSS Act, 2006 overrides other laws (e.g., IPC) for prosecutions. Key judgments include ordering the evaluation of front-of-pack warning labels (FOPL) for high sugar/salt/fat foods and supporting mandatory labeling about potential micro/nano plastics in PET bottled products.
Key FSSAI Judgments & Regulatory Updates
Overriding Authority (2024): In Ram Nath v. State of U.P., the Court confirmed that Section 89 of the FSS Act gives it overriding power over other laws, including the Indian Penal Code (IPC), when dealing with unsafe food.
Mandatory Warning Labels (2026): The Supreme Court has directed FSSAI to consider implementing mandatory front-of-package warnings for products high in sugar, salt, and fat, emphasizing the public’s right to health.
Microplastics Warning (2026): The Court upheld a directive to label food items (water, salt, sugar) packed in PET bottles with warnings about potential micro/nano plastics, empowering consumers.
Product Approval (2015): The Court previously restricted FSSAI’s broad product approval powers, clarifying that product approval is not required for ingredients or additives that are already authorized.
Scope Limitations (2026): The Delhi High Court, in matters concerning FSSAI, held that FSSAI lacks authority to regulate animal feed, limiting its scope to food for human consumption.
Packaged Water Standards (2025): The Court declined to set new standards for antimony and plasticizers in water, stating that FSSAI’s current regulations must consider Indian ground realities over international benchmarks.
Anil Kumar Namdeo
Gwalior