How to get your claims approved by FSSAI?

How to get your claims approved by FSSAI?

The Food Standards and Safety Authority of India (FSSAI), in 2018 has passed a new regulation called the Food Safety and Standards (Advertising and Claims) Regulations, 2018 as a proactive step to create consumer awareness and check misleading advertising practices. As per Section 53 of the Food Safety and Standards Act, 2006 any person, including a third party, who advertises or is a party to the publication of any misleading advertisement not complying with these regulations would be penalized with a fine extending up to Rs. 10 lakh.

The regulations contain various sections like definitions, general principles for claims and advertisements, criteria for health claims, nutrition claims, non-addition claims, claims related to dietary guidelines or healthy diets, and conditional claims, claims that are specifically prohibited, and procedures for approval of claims and Redressal of non-compliances.

Claims mentioned under different schedules with related criteria of this regulation are permitted to be made by the food business operators without the need for seeking approval by the authority. Whereas, claims which are not standardized under these regulations may require approval from the food authority and should be supported with a sound scientific basis. As per the regulations, the approval of claims is required for ‘reduction of disease risk’ claims other than those which are defined and have the criteria laid under the regulations.

Procedure for approval of Claims

Any food business operator seeking approval of claims shall submit an application consisting of the following information:

  1. Claim to be made (only 3 claims can be applied per product).
  2. Name of ingredient, nutrient, or substance based on which the claim is to be made
  3. Validated Method of analysis of ingredient or substance for which the claim is to be made.
  4. Scientific information or materials substantiating the claim.
  5. How is the claim clear and meaningful and help consumers to comprehend the information provided.
  6. Well-designed human intervention studies in case of health claims conducted by or under the guidance of established research institutions along with any other useful information.

Process

  • The Authority either by itself or may appoint an agency or panel to carry out preliminary scrutiny of the application submitted by the FBO.
  • After scrutiny, in case any deficiencies are found in the application, it shall be informed to the applicant within 90 days from the date of receipt of application.
  • The Applicant shall provide the information required by the food authority within thirty days of the receipt of the communication, failing which the application shall be rejected without any further reference.
  • The Food Authority may pass a speaking order either for approval or rejection of concerning claims and may also suggest an amendment for the concerned claim after the information is provided by the applicant.
  • The amended claim may be submitted to the Food Authority within thirty days for reconsideration by the applicant.
  • In case of rejection, the food business operator shall not use that claim in their advertising and marketing communication.
  • Food Safety and Standards Authority of India (FSSAI) on 5th May 2020 has issued a Notice regarding the procedure to apply for claims specified under Food Safety and Standards (Advertising and Claims) Regulations, 2018.

To avoid penalties on the claims and to successfully advertise the compliant product, it is advisable to understand the claims regulations. A consultation with a claims expert might prove helpful before placing your product with claims in the market. Stay compliant.