What are the regulations to curtail misleading food ads?

• Food Safety and Standards Authority of India (FSSAI) has reported 170 cases of misleading claims and advertisements in the last six months.

Key-highlights:

• The Advertisement Monitoring Committee at the FSSAI flagged 32 fresh cases of food business operators (FBOs) making misleading claims and advertisements.
• According to CEO and Secretary General at the Advertising Standards Council of India (ASCI), 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.
• The FSSAI wants advertisements and claims to be “truthful, unambiguous, meaningful, not misleading and help consumers to comprehend the information provided”.

What are the regulations?

• The Food Safety and Standards (Advertising & Claims) Regulations, 2018 and the Central Consumer Protection Authority (CCPA) regulate misleading advertisements and claims.
• The FSSAI seeks to ensure that advertisements and claims are truthful, unambiguous, meaningful, not misleading, and scientifically substantiated.
• Product claims suggesting prevention, alleviation, treatment or cure of a disease, disorder or particular psychological condition are prohibited unless specifically permitted under the FSS Act, 2006.

When can a product be referred to as ‘natural’ and ‘fresh’?

• Natural foods products must be derived from a recognised natural source and have no added chemicals or preservatives.
• Composite foods cannot be called ‘made from natural ingredients'.
• Fresh products must not be processed.
• Those with additives may use 'frozen from fresh'.

What about ‘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.

What about ‘nutritional claims’?

• Nutritional claims can be about the specific contents of a product or comparisons with other foodstuffs.
• The Chief Executive Officer and Secretary General at the Advertising Standards Council of India (ASCI) believes that most complaints of misleading ads are related to the nutrition of a product, its benefits and the ingredient mix not being based on adequate evidence.
• The claim data should be based on technical data, such as evidence to substantiate that there is Vitamin D in the product.