What are the regulations to curtail misleading food ads?

Context

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.

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