How to Lodge a complaint against frivolous or misleading claims mentioned/depicted on the labels of packaged/processed food items/products.

[YAGAY andSUN]

Lodging a complaint against frivolous or misleading claims on the label of a packaged food item involves multiple steps under Indian law. Such claims may include false or misleading representations about the food's nutritional content, health benefits, ingredients, expiry dates, or any other matter that could potentially deceive consumers.

Introduction

In India, labeling and packaging of food products are strictly regulated to ensure that consumers are not misled. Misleading claims on packaged food labels violate both consumer protection laws and food safety regulations. A complaint against frivolous claims can be filed through the appropriate authorities, such as the Food Safety and Standards Authority of India (FSSAI) or other relevant consumer protection bodies.

Applicable Laws

1. Food Safety and Standards Act, 2006: The primary law governing food safety and standards in India. It includes provisions related to the labeling of food products and misleading claims. Under the Food Safety and Standards (Labelling and Display) Regulations, 2020, it is mandatory for food products to display truthful information.
2. Legal Metrology Act, 2009: Governs the labeling requirements for packaged commodities, including food items. The Legal Metrology (Packaged Commodities) Rules, 2011 mandate that the labeling should not be deceptive, misleading, or false.
3. Consumer Protection Act, 2019: The Act protects consumers from unfair trade practices, including misleading claims made by businesses. It gives consumers the right to approach the National Consumer Disputes Redressal Commission (NCDRC) or local consumer forums.
4. Advertising Standards Council of India (ASCI) Code: While primarily dealing with advertising, ASCI guidelines can be applied if claims made on packaging are misleading or unsubstantiated.

Governing Authorities

1. Food Safety and Standards Authority of India (FSSAI): FSSAI is the regulatory body under the Ministry of Health and Family Welfare, responsible for the safety and regulation of food standards, including labeling.
2. Directorate of Legal Metrology: Ensures compliance with the Legal Metrology Act and regulations related to the labeling of packaged commodities, including food products.
3. National Consumer Disputes Redressal Commission (NCDRC): Handles consumer complaints, including those related to misleading labeling or false claims by food manufacturers.
4. State Consumer Disputes Redressal Commissions: Each state has its own commission where consumers can file complaints for alleged unfair practices.
5. Advertising Standards Council of India (ASCI): Though it primarily deals with advertisements, ASCI can assist in identifying and addressing misleading claims on food packaging.

Stepwise Procedure to File a Complaint

1. Gather Evidence

• Collect the Product Label: Take clear photos or screenshots of the product packaging, focusing on the claims made.
• Record Product Information: Note down the product name, manufacturer details, batch number, and expiry date.
• Research the Claims: Compare the claims made on the label with reliable sources (e.g., scientific research, expert opinion) to establish that the claim is misleading.

2. Identify the Relevant Authority

• For Food Safety Violations: File a complaint with FSSAI or the local State Food Safety Authority.
• For Legal Metrology Violations: Approach the Directorate of Legal Metrology.
• For Consumer Complaints: You can also approach the Consumer Forum or NCDRC.

3. File the Complaint

• Online Complaints:
  • FSSAI: Visit the FSSAI’s Consumer Complaints Portal (https://consumerhelpline.gov.in/). You will need to register and log in to file a complaint.
  • Legal Metrology: Visit the official Department of Legal Metrology website (depending on your state) to file an online complaint.
  • Consumer Forums: Use the National Consumer Helpline (NCH) Portal or the respective State Consumer Helpline.
• Offline Complaints:
  • Prepare a written complaint and attach copies of supporting evidence (product label, photographs, etc.).
  • Submit the complaint at the nearest FSSAI office, Legal Metrology office, or Consumer Forum.

4. Provide Detailed Information:  In your complaint, ensure you provide-

• Product name and details of the manufacturer.
• Exact claims made on the label.
• Why you believe the claims are frivolous or misleading.
• Any evidence (scientific data, expert opinions, etc.) supporting your claim.

5. Fees

• FSSAI: There is no specific fee for filing a complaint with FSSAI, as it is a consumer protection service.
• Legal Metrology: There is typically no fee for filing a complaint under the Legal Metrology Act, but it may vary based on the state.
• Consumer Forums: Filing a complaint in the District Consumer Forum is generally free for claims up to ₹20 lakh. For claims exceeding ₹20 lakh, the filing fee may apply (as per state rules).

6. Tracking of the Complaint

• FSSAI: Once you file the complaint, you will receive a complaint reference number for tracking. You can log in to the FSSAI portal to track the status.
• Legal Metrology: A reference number will be provided after submitting your complaint. You can follow up with the Directorate of Legal Metrology.
• Consumer Forum: The forum will provide an acknowledgment number, and you can track the status of your complaint online or through the concerned consumer forum.

7. Relief Sought

When filing the complaint, specify the relief you are seeking, such as:

• Rectification of the label: Request that the misleading claims be corrected.
• Product recall: If the product is unsafe or deceptive, you can ask for a recall.
• Compensation: If you have suffered due to misleading claims, you may request compensation for damages.
• Legal action: In cases of severe fraud or health risks, you may demand that the authorities take legal action against the manufacturer.

Action Taken by Authorities

• Investigation: Upon receiving the complaint, authorities like FSSAI, Legal Metrology, or Consumer Forums will investigate the claims. This may involve verifying the information on the product label and conducting product testing (if required).
• Resolution: If the claim is found to be misleading or false:
  • FSSAI/Legal Metrology: May issue a warning, impose a fine, or order the manufacturer to correct the label or recall the product.
  • Consumer Forums: May direct compensation or take legal action against the seller or manufacturer.
• Action Timeline: Generally, authorities are expected to take action within a reasonable timeframe, usually within 1 to 2 months, depending on the complexity of the case.

Path Forward

• Monitor the Outcome: After submitting your complaint, continue to follow up with the authorities using the provided reference number.
• Consumer Advocacy: If you feel that the response is inadequate, you can escalate the complaint within the authority or even approach the National Consumer Disputes Redressal Commission (NCDRC) for a final resolution.
• Public Awareness: If the issue is widespread, you can also raise awareness via media or social platforms, especially if the authorities fail to take action.

Conclusion

• Lodging a complaint against frivolous claims on food packaging in India is a structured process involving the appropriate authorities, such as FSSAI, Legal Metrology, and Consumer Forums.
• The process includes gathering evidence, filing a complaint, and seeking appropriate relief. Misleading claims on food labels can not only deceive consumers but also violate consumer protection laws, and authorities are empowered to take corrective action.
• While the process can take time, staying diligent in tracking the complaint and seeking necessary relief can ensure that such deceptive practices are addressed.