On Friday, the FSSAI, the food regulator, revealed that it has detected 32 fresh cases of food business operators (FBOs) who have allegedly made false or misleading claims in their advertisements.
The FSSAI has taken action by referring the matter to the relevant licensing authorities, who will now issue notices to the FBOs in question. The notices will require the FBOs to either withdraw their misleading claims or provide scientific evidence to substantiate them.
Among the FBOs identified by the FSSAI for violating regulations related to misleading claims are manufacturers and/or marketers of nutraceutical products, refined oils, pulses, flours, millet products, ghee, and other food items.
“In order to keep a close tab on the claims and advertisements being made by the FBOs on their products, Advertisement Monitoring Committee of FSSAI has reported 32 fresh cases which have been found prima facie in contravention of the provisions of Food Safety and Standards (Advertisements & Claims) Regulations, 2018,” the regulator said in a statement.
The regulations prohibit the use of deceptive claims or advertisements, and violations of these rules are considered punishable offences under Section 53 of the FSS Act, 2006.
During the scrutiny, a wide range of food products were examined, including health supplements, organic products, fast-moving consumer goods (FMCG) products, and staples. The FSSAI identified a variety of false or misleading claims related to health, product quality, and other aspects of the products.
“For further action, including the issuance of notices to the concerned FBOs, the same has been referred to the concerned Licensing Authorities for issuance of notices to all such FBOs for withdrawing the misleading claims or scientifically substantiate the same,” the statement said.
If the FBOs fail to provide a satisfactory response to the notices issued by the licensing authorities, they will be required to either withdraw their misleading claims or modify them in accordance with the regulations. Failure to comply can result in penalties of up to INR 10 lakh, as outlined in Section 53 of the Food Safety and Standards Act 2006. Moreover, in the event of repeated offences, the FBOs could face even more severe punishments such as suspension or cancellation of their license.
“The total number of such cases of reported misleading advertisements and claims during last six months has gone up to 170 cases, and the action against such delinquent FBOs shall also continue in future,” the FSSAI said.
The FSSAI has urged all FBOs to strictly comply with the regulations laid out in the Food Safety and Standards (Advertisements & Claims) Regulations, 2018. The regulator has also cautioned FBOs against making any unscientific or exaggerated claims in their advertisements, as doing so could lead to enforcement actions. The FSSAI’s advice to the FBOs is to refrain from such misleading advertising tactics and promote their products in a truthful and transparent manner.