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:
Process
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.