In recent months, India has witnessed a series of significant developments in the food industry, all pointing towards a common goal: enhancing consumer protection and transparency. We explore these interconnected events and their implications for both the industry and consumers.
Written by: Samarth Bansal
Food safety inspections in Telangana
Imagine you're about to enjoy your favourite takeout or grab a quick snack from the corner store. But what if that meal came with a side of food safety violations?
This unsavoury reality has been uncovered by the Telangana Commissioner of Food Safety in a recent series of raids across the state. From quick-commerce giants to local eateries, no one's been spared the scrutiny.
Quick but not-so-fresh: Inspectors found a Blinkit warehouse in the Medchal Malkajgiri district of Hyderabad that looked more like a dust bowl than a food storage facility. The official account tweeted:
Food handlers were found without headgears, gloves and aprons. Medical fitness certificates of food handlers were not available. Cosmetic products were stored along with food products…The products manufactured by Kamakshi Foods license found to be expired, hence the products of VSR i.e Suji, Raw peanut butter, Maida, Poha, Besan and Bajra worth Rs. 30k were seized.
Blinkit responded to Economic Times, saying they're "working closely with its warehouse partner and the food safety department to implement corrective actions."
Not just the new kids on the block: Popular restaurants like Rameswaram Cafe and Baahubali Kitchen were found serving up a menu of violations, including the kind of "special ingredients" you definitely don't want—expired food and cockroach infestations.
The common thread? Many businesses seem to be treating crucial safety measures like optional garnishes rather than the main course. In fact, on a national scale, nearly a quarter of food samples tested by the FSSAI in the last three years have failed.
The FSSAI said it had carried out pan-India surveillance initiatives to assess compliance with standards. The number of such initiatives has expanded over the years, the body said, citing the counts of various food samples analysed. In 2022, for instance, food authorities analysed 3,060 samples of jaggery, 3,554 samples of spices, 3,251 samples of tea, 798 samples of milk, among other samples.
Why should you care? Unless you're a fan of mystery ingredients and potential foodborne illnesses, these findings are a big deal. It's not just about a dodgy meal or two; it's about the entire food ecosystem we rely on daily.
The problem often is we don't get to know who is failing the quality tests and what actions are taken against them. It remains a mystery. But this sudden rise in social media activity from the Telangana food safety authorities is showing us what's behind the curtain—it's up to us to demand better.
FSSAI cracks down on ‘100% Fruit Juice’ claim
Ever grabbed a juice box thinking you're making a healthy choice, only to find out later it's not quite what you expected? You're not alone. A recent decision by the FSSAI is set to change the way juice products are labelled, bringing more transparency to your beverage choices.
What's happening? On June 3, 2024, the FSSAI ordered juice brands to remove the "100% fruit juice" label from their products. Companies have until September 1 to use up any packaging with this claim.
Why the sudden change? Here's the scoop: many of the "fruit juices" you see on shelves aren't quite what you might think. They're often what's called "reconstituted juice." Let's break it down:
Reconstituted Juice
1) It starts with fruit, but then goes on quite a journey.
2) The fruit is squeezed, and most of the water is removed to create a concentrate.
3) This concentrate is later "reconstituted" by adding water back in.
The Not-So-Fruity Truth: Sounds okay so far, right? But here's the catch. Many brands don't just add water. They often include:
- Colouring agents (to make it look more "fruity")
- Additives (for longer shelf life)
- High fructose corn syrup or other sweeteners.
The result? A drink that's far from the whole fruit you started with.
New rules for clearer labels: The FSSAI's new regulations aim to provide consumers with more accurate information:
- No more "100% fruit juice" claims on reconstituted juices.
- Labels must now say "reconstituted" next to the juice name in the ingredient list.
- If there's more than 15 grams of added sweeteners per kilogram, it must be labelled as "sweetened juice."
Following a broader trend: This isn't the only recent change in food labelling practices. In a related development, the Commerce Ministry has directed e-commerce platforms to remove drinks like Bournvita, Horlicks, and Protinex from the "health drinks" category, as there's no legal definition for this term. Some companies are now rebranding these as "Functional and Nutritional drinks."
These changes highlight a growing trend towards more accurate and transparent food labelling in India, driven by both regulatory action and increased consumer awareness.
What this means for you: This move by the FSSAI is all about transparency. It's not saying you can't enjoy your favourite juice, but it is making sure you know exactly what you're drinking. It's a reminder to always check the label and understand what's really in our food and drinks.
Supreme Court order on misleading ads
Now, let's pull back even further and look at the big picture. While the FSSAI is tackling labels and local authorities are conducting raids, the Supreme Court has set its sights on a broader target: misleading advertisements across all sectors, including food.
Remember those Patanjali ads promising miracle cures that seemed to be everywhere? Well, the Supreme Court finally said "enough is enough." The court's frustration with Patanjali's "wilful and deliberate violation" of its orders culminated in a series of stringent directives aimed at curbing false advertising across all sectors.
What’s changing?
On May 7, noting the absence of a "robust mechanism" for overseeing advertisers, the Supreme Court mandated some big changes:
- All broadcasters and print media must now file a self-declaration form before publishing any advertisement.
- Advertisers must certify their ads are free from misleading or false information.
In simple words, before any ad hits your TV or newspaper, companies now have to file a legal document swearing that everything in the ad is true.
There’s more:
- The Central Consumer Protection Authority (CCPA) has been asked to detail the actions they've taken against false and misleading advertisements.
- The government has been ordered to create an easy way for you to complain about misleading ads.
- Your favourite celeb endorsing a product? They could be in hot water if the product doesn't live up to its promises.
Industry pushback: The advertising industry has raised some concerns.
Hurts 'digital competitiveness': People Group's founder and CEO Anupam Mittal argues these mandates are completely unviable. He believes they'll increase costs and compliance burdens, potentially hurting the global competitiveness of Indian agencies.
Who decides what's appropriate? The MD of ad agency Rediffusion points out that the government hasn't clarified what happens if declarations are false or incorrect. Plus, there's the tricky question of who gets to be the authority on what's "appropriate" in ads.
The digital advertising dilemma: The sheer volume of digital ads poses a major challenge.
Subhash Kamath, an independent consultant and former CEO of BBH, explains that the basic premise of the Supreme Court is to curb misleading claims in the business.
That means self-declaration gives them teeth to punish violators. But it can be a logistical nightmare for a creative business, where in digital, for example, ads are created, posted and removed within hours.
But despite these worries, the court's action represents a decisive step towards protecting consumers from deceptive marketing practices.
A new era of consumer protection?
These events mark a welcome shift towards greater accountability. For once, these issues are making headlines, signalling increased public awareness and regulatory attention. But let's hold off on the celebrations for now.
What we're seeing are baby steps in a marathon. Telangana's raids, while commendable, are just a drop in the ocean. Most food businesses in India still operate without regular safety inspections. The FSSAI's new rules look great on paper, but ensuring widespread compliance is another story altogether. And let's not forget, many mislabelling tactics remain off the radar. As for the new advertising regulations? They won't transform the landscape overnight. Clever marketers will undoubtedly find new grey areas to exploit.
These developments highlight how far we have to go.
The bottomline: Your best defence? Stay informed, stay sceptical, and keep demanding better. Real change will come not just from new rules, but from vigilant consumers, responsible businesses, and persistent regulators all playing their part.
Reading list
Supreme Court Observer has the best reporting on the Patanjali contempt case on misleading ads. Business Today looks at the criticism by ad industry players on the self-declaration form mechanism. The Telegraph has more on food safety test failures and Morning Context (paywall) analyses problems within the FSSAI’s regulatory processes.
