Srinagar, Oct 12 : Food Business Operators (FBOs), including manufacturers, importers, marketers, distributors and advertisers, have been advised to strictly comply with food safety regulations governing advertising and product claims, warning that misleading advertisements may attract penalties of up to Rs 10 lakh.
According to an advisory issued under the Food Safety and Standards (Advertising and Claims) Regulations, 2018, all claims made on food labels, packaging, advertisements, websites, social media and other promotional platforms must be truthful, clear, meaningful, scientifically substantiated and not misleading.
The advisory said nutrition claims, health claims and claims relating to the reduction of disease risks must comply with the prescribed regulatory conditions and applicable schedules, supported by adequate scientific and analytical evidence.
It cautioned food businesses against the indiscriminate use of expressions such as “Natural”, “Fresh”, “Pure”, “Authentic”, “Genuine”, “Real”, “Traditional” and “Original”, saying these terms are regulated under Regulation 9(2) read with Schedule V of the regulations.
Such expressions can be used only when food products meet the prescribed conditions, the advisory said, adding that composite foods cannot be described as natural or pure in violation of regulatory requirements.
The advisory clarified that the term “Traditional” can be used only when a product’s recipe, formulation or processing method has demonstrably existed for at least one generation, or 30 years, and remained substantially unchanged.
Similarly, expressions such as “Original”, “Authentic”, “Genuine” and “Real” must be supported by objective evidence and proper substantiation.
Where a trademark, brand name or fancy name contains such expressions and is likely to mislead consumers, the prescribed disclaimer must be prominently displayed on the front of the packaging, it said.
The advisory further prohibited food businesses and advertisers from making claims suggesting that a food product can prevent, treat, cure or alleviate any disease, disorder or particular physiological condition unless specifically permitted under applicable food safety regulations.
It said advertisements must remain consistent with information declared on product labels and should not contain exaggerated, deceptive or scientifically unsubstantiated claims.
Citing Regulation 13 of the Food Safety and Standards (Advertising and Claims) Regulations, 2018, the advisory warned that any person advertising or participating in the publication of a claim in violation of the regulations would be liable to penal action under Section 53 of the Food Safety and Standards Act, 2006.
Under the provision, misleading advertisements relating to food products may attract a penalty extending to Rs 10 lakh.
All FBOs have been directed to review their existing labels, packaging, advertisements, promotional materials and communications across digital and social media platforms to ensure compliance with statutory requirements.
The advisory said misleading, deceptive, exaggerated, unsubstantiated or otherwise non-compliant claims would invite appropriate action under the Food Safety and Standards Act, 2006, and the regulations framed under it.
It stressed that strict adherence to the regulations was necessary to safeguard consumer interests, promote food safety and enable informed consumer choices. (KNS)
