FSSAI takes note of Zee Business and other media reports about Bournvita, says it's strict against violators

Taking a note of Zee Business and other media reports about various health claims made by the Food Business Operators in the country, FSSAI on Friday said it continues to act against food business operators reported to be involved in making false or misleading claims. 

It reiterated that the mandate of FSSAI is to lay down science-based standards for food products in the country and enforce the same. 

Accordingly, in order to regulate the advertisement and claims on food products by Food Business Operators (FBOs), FSSAI has notified a regulation i.e. Food Safety and Standards (Advertisements & Claims) Regulations, 2018 under which, deceptive claims or advertisements are prohibited and are punishable offences under Section-53 of FSS Act, 2006.

The regulatory body further said that every claim, including the permitted nutrient-based claims under the said regulations, are required to meet the criteria stipulated in the said regulations and no false or exaggerated health claim is permitted. 

Launching a salvo at various companies making misleadng promises, FSSAI says any nutrient function claims and other functional claims made on the food products are required to be based on the current and relevant scientific evidence. 

The claims made by a FBO in relationship to health should strictly be in accordance with the conditions laid down in the Regulation. 

"Where a claimed health benefit is attributed directly to the product, it shall be based on statistically significant results from well-designed human intervention studies, conducted by or under guidance of established research institutions, in line with the principles of GCP (Good Clinical Practices) and peer reviewed or published in a peer reviewed reputed scientific journal," FSSAI said.

FSSA said that if the companies fail to toe the guidelines, they will be fined heavily. 

"In order to ensure compliance with the said provisions the Licensing-cum-Designated Officers notified both at the Central and State levels are empowered to call upon the FBOs to submit scientific evidence for such health claims being made on the products, failing which or in case of unsatisfactory response the FBO is required to withdraw such claims or modify them as per the provisions of the said Regulations failing which the FBO can be penalised with a fine extending up to Rs. 10 lakhs, as per Section-53 of the Food Safety and Standards Act 2006, apart from other stringent punishments like suspension/cancellation of license etc. in case of repeated offences," said FSSAI.

Further, FSSAI has set up a dedicated Advertisement Monitoring Committee, which periodically scrutinises the advertisements and claims being made by the FBOs on various channels, including social media and e-commerce platforms. 

The said committee monitors advertisements/claims regularly of different food products in Indian market and in case of any default noticed prima facie actions, including the issuance of Improvement Notices under Section-32 of FSS Act, 2006 are initiated against the FBO. 

During the last six months, the said committee has scrutinised advertisements and claims on many food products and has reported 138 cases, including that of many prominent brands as non-compliant and misleading for the consumers vis-à-vis Regulatory provisions and the provisions of FSS Act, 2006 and for further enforcement actions the same have been referred to the concerned Licensing Authorities for issuance of notices to all such FBOs for withdrawing of misleading claims or scientifically substantiate the same.