FSSAI Regulations on Food Advertising and Claims

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Key takeaways

The Maharashtra FDA issued notices to actors for endorsing Vimal Elaichi due to concerns over surrogate advertising of pan masala.
The rules were notified by FSSAI under Section 92 read with Sections 23 and 24 of the Food Safety and Standards Act, 2006.
Businesses must publish a corrective advertisement within 30 days through the same medium if found issuing misleading ads.
Violations of food advertising standards attract strict legal penalties under Section 53 of the FSS Act, 2006.

The Maharashtra FDA issued notices to actors endorsing Vimal Elaichi over concerns of surrogate advertising for prohibited pan masala.

These regulations form a statutory framework notified by the Food Safety and Standards Authority of India (FSSAI).
The rules were introduced under Section 92 along with Sections 23 and 24 of the Food Safety and Standards Act, 2006.
They regulate how Food Business Operators (FBOs) promote food products and make health or nutritional claims.
The main objective is to guarantee truthful food marketing and shield consumers from misleading claims and surrogate ads.

All marketing claims must be clear and scientifically valid without encouraging excessive consumption.
Words like Natural, Fresh, Pure, Original, Traditional, or Authentic can only be used if products fulfill strict qualification rules.
The regulations strictly forbid claiming that a food product can cure or prevent any specific disease.
Advertisers cannot state that medical or health professionals approve or recommend their food product.
Companies must support all nutritional content and health claims with laboratory tests and human research studies.
Claims regarding no added sugar or salt must follow strict standards and declare naturally occurring sugars.
Food businesses must secure formal prior approval from FSSAI before making any disease risk reduction claims.
Companies are prohibited from using the FSSAI emblem as a marketing tool to claim product superiority.
The authority can order the stoppage of deceptive ads and demand a corrective ad within 30 days using the same media platform.
Violators of these standards face legal penalties under Section 53 of the FSS Act, 2006.