2013 (10) TMI 1400 - SC - Indian Laws

No proper regulatory regime - For monitoring harmful effects of soft drinks on human health, particularly children - Mandatory disclosures on the labels of soft drinks - Disclosure of warnings with particular ingredient, and its harmful effects - Proper mechanism to check control Food Additives - Check and control the misleading advertising - HELD THAT - Food and Safety Standards Authority of India, to gear up their resources with their counterparts in all the States and Union Territories and conduct periodical inspections and monitoring of major fruits and vegetable markets to ascertain whether they conform to such standards set by the Act and the Rules. Penal provisions are also provided in the Act. It is, therefore important that the provisions are properly and effectively implemented so that the State can achieve an appropriate level of human life and health, safeguarding the right to life guaranteed under Article 21 of the Constitution of India. The Writ Petition is disposed of with the above directions to strictly follow the provisions of the FSS Act as well as the Rules and Regulations framed thereunder.

Issues Involved:
1. Evaluation of harmful effects of soft drinks on human health.
2. Regulatory regime for controlling chemical additives in foods.
3. Mandatory disclosure of contents and their quantity on soft drink labels.
4. Control of misleading advertising of soft drinks.

Detailed Analysis:

1. Evaluation of harmful effects of soft drinks on human health:
The petitioner sought the constitution of an independent Expert/Technical Committee to evaluate the harmful effects of soft drinks, particularly on children. The court noted that the Food Safety and Standards Authority of India (FSSAI) had already constituted scientific panels to address these concerns. The scientific panel on Labelling and Claims/Advertising examined the grievances and concluded that the ingredients in soft drinks, as per existing consumption patterns, do not pose any health hazards. The court acknowledged that the panel consisted of eminent food scientists and experts, and thus, found no merit in the petitioner's contention that the panel on food additives should have considered the issues instead.

2. Regulatory regime for controlling chemical additives in foods:
The Union of India argued that the Food Supply and Standards Act, 2006 (FSS Act), along with its Rules and Regulations, provides a comprehensive regulatory regime. The court reviewed the provisions of the FSS Act, the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, and other relevant legislations. It concluded that the grievances raised by the petitioner are largely covered by these legislations, but emphasized the need for effective enforcement by the authorities.

3. Mandatory disclosure of contents and their quantity on soft drink labels:
The petitioner sought a directive for mandatory disclosure of the contents and their specific quantity on soft drink labels. The court noted that the labelling of soft drinks is governed by the Food Safety and Standards (Packaging and Labelling) Regulations, 2011, which ensure compliance with the required standards. The court highlighted that the FSS Act mandates that every food business operator must ensure that the labelling and presentation of food do not mislead consumers.

4. Control of misleading advertising of soft drinks:
The petitioner raised concerns about misleading advertising of soft drinks, particularly targeting children and uneducated individuals. The court observed that the advertisement of carbonated beverages is regulated by the Prevention of Food Adulteration Act, 1954, the Food Safety and Standards (Restriction of Advertisement) Regulation, 2011, and the Advertising Standards Council of India (ASCI) Code. It emphasized that these regulations are intended to prevent fraudulent, deceptive, or unfair trade practices.

Constitutional and International Obligations:
The court underscored the importance of Article 21 of the Constitution of India, which guarantees the right to live with dignity, and Article 47, which mandates the State to improve public health. It also referenced Article 12 of the International Covenant on Economic, Social, and Cultural Rights, 1966, recognizing the right to the highest attainable standard of physical and mental health.

Directives and Conclusion:
The court directed the Food and Safety Standards Authority of India to conduct periodical inspections and monitoring of major fruits and vegetable markets to ensure compliance with the standards set by the Act and the Rules. The writ petition was disposed of with directions to the respondents to strictly follow the provisions of the FSS Act and the related Rules and Regulations. The court emphasized the need for proper and effective implementation of these provisions to safeguard the right to life guaranteed under Article 21 of the Constitution of India.

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