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General Studies 2 >> Polity

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FOOD SAFETY AND STANDARDS (ADVERTISING & CLAIMS) REGULATIONS

FOOD SAFETY AND STANDARDS (ADVERTISING & CLAIMS) REGULATIONS

1. Context 

Food Safety and Standards (Advertising & Claims) Regulations, on April 29, 2023, the Advertisement Monitoring Committee at the Food Safety and Standards Authority of India (FSSAI) flagged 32 fresh cases of food business operators (FBOs) making misleading claims and advertisements.
As per the regulator, the count of such offences has shot up to 170 in the last six months.

2. About the regulations

  • There are varied regulations to combat misleading advertisements and claims, some are broad, while others are product specific. 
  • For example, FSSAI uses the Food Safety and Standards (Advertising & Claims) Regulations, 2018 which specifically deals with food (and related products) while the Central Consumer Protection Authority (CCPA)'s regulations cover goods, products and services.
  • Further, the Programme and Advertising Codes prescribed under the Cable Television Network Rules, 1994 stipulate that advertisements must not imply that the products have "some special or miraculous or supernatural property or quality, which is difficult of being proved".
  • The FSSAI seeks that the advertisements and claims be "truthful, unambiguous, meaningful, not misleading and help consumers to comprehend the information provided.
  • The claims must be scientifically substantiated by validated methods of characterising or quantifying the ingredient or substance that is the basis for the claim.
  • Product claims suggesting prevention, alleviation, treatment or cure of a disease, disorder or particular psychological condition is prohibited unless specifically permitted under the regulations of the FSS Act, 2006.

3. A product referred to as "natural" and "fresh"

  • A food product can be referred to as natural if it is a single food derived from a recognised natural source and has nothing added to it.
  • It should only have been processed to render it suitable for human consumption.
  • The Packaging too must be done sans chemicals and preservatives.
  • Composite foods, which are essentially a mixture of plant and processed constituents, cannot call themselves "natural", instead, they can say "made from natural ingredients".
  • Fresh can be used for products which are not processed in any manner other than washing, peeling, chilling, trimming, cutting or irradiation by ionising radiation not exceeding 1 KGy or any other processing such that it remains safe for consumption with the basic characteristics unaltered.
  • Those with additives (to increase shelf life) may instead use "freshly frozen", fresh frozen" or frozen from fresh" to contextualise that it was quickly frozen while fresh.

4. About the "Pure" and "original"

  • Pure is to be used for single-ingredient foods to which nothing has been added and which are devoid of all avoidable contamination, while unavoidable contaminants are within prescribed controls.
  • Original is used to describe food products made to a formulation, with a traceable origin that has remained unchanged over time.
  • They do not contain replacements for any major ingredients. It may similarly be used to describe a unique process which has remained unchanged over time, although the product may be mass-produced.

5. Nutritional claims

  • Nutritional claims may either be about the specific contents of a product or comparisons with some other foodstuffs.
  • Claims of equivalence such as "contains the same of (nutrient) as a (food) or as much (nutrient) as a (food) may be used in the labelling provided that it gives the equivalent nutritional value as the reference food.
  • Most complaints of misleading ads were related to the nutrition of a product, its benefits and the ingredient mix not being based on adequate evidence.
  • A lot of claim data is to be based on technical data. For example, if you say, that there is Vitamin D in my product, we need evidence to substantiate that there indeed is Vitamin D in your product.
  • Then if you claim that Vitamin D in your product can also help reduce fatigue, improve stamina or another claim like that then there needs to be enough literature to substantiate that the ingredient does what is being stated.
For Prelims: Food Safety and Standards (Advertising & Claims) Regulations, Food Safety and Standards Authority of India, Central Consumer Protection Authority, Cable Television Network Rules, 
For Mains: 
1. What is the role of the Food Safety and Standards Authority of India? Discuss the regulations to curtail misleading food advertisements in India. (250 Words)
 
 
Previous Year Questions
 
1. Consider the following statement: (UPSC  2018)
1. The Food Safety and Standards Act, 2006 replaced the Prevention of Food Adulteration Act, 1954.
2. The Food Safety and Standards Authority of India (FSSAI) is under the charge of Director General of Health Services in the Union Ministry of Health and Family Welfare.
Which of the statements given above is/are correct?
A. 1 only      B. 2 only      C. Both 1 and 2       D. Neither 1 nor 2
 
Answer: A
 
2. Read the following passage and answer the question that follows.
Your answers to these items should be based on the passage only.
 
Policymakers and media have placed the blame for skyrocketing food prices on a variety of factors, including high fuel prices, bad weather in key food producing countries, and the diversion of land to non-food production. Increased emphasis, however, has been placed on a surge in demand for food from the most populous emerging economics. It seems highly probable that mass consumption in these countries could be well poised to create a food crisis.
 
With reference to the above passage, the following assumptions have been made: (UPSC  2021)
1. Oil producing countries are one of the reasons for high food prices.
2. If there is a food crisis in the world in the near future, it will be in the emerging economies. Which of the above assumptions is/are valid? 
A. 1 only     B. 2 only      C. Both 1 and 2      D. Neither 1 nor 2
 
Answer: D
 
3. With reference to consumer's rights/privileges under the provisions of the law in India, which of the following statements is/are correct? (UPSC 2012)
1. Consumers are empowered to take samples for food testing.
2. When a consumer files a complaint in any consumer forum, no fee is required to be paid.
3. In case of the death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.
Select the correct answer using the codes given below:
A. 1 only              B. 2 and 3 only            C. 1 and 3 only           D.  1, 2 and 3
 
Answer: C
 
Source: The Hindu
 

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