In an age where marketing strategies and branding play a pivotal role in influencing consumer choices, ensuring the accuracy and integrity of claims made on food products is critical. Misleading claims not only distort consumer perception but also pose health risks when products are promoted inappropriately. Recognizing this, the Food Safety and Standards Authority of India (FSSAI) has laid down comprehensive principles under the Food Safety and Standards (Advertising and Claims) Regulations, to govern the nature, content, and delivery of claims and advertisements related to food and beverages.
This article delves into the General Principles outlined under Regulation 4 of the FSSAI’s Advertising and Claims Regulations, highlighting their significance, implications, and the responsibility they place on food business operators (FBOs).
1. Truthfulness and Clarity of Claims
The foremost principle emphasizes that claims must be truthful, unambiguous, meaningful, and not misleading. This foundational requirement ensures that consumers are not deceived by vague or exaggerated statements about the nutritional value, origin, or health benefits of a product.
The objective is to protect consumer interests and promote informed decision-making by ensuring claims are presented in an intelligible and reliable manner.
2. Avoiding Promotion of Excess Consumption
Any claim that encourages or condones excessive consumption of a particular food is strictly prohibited. This is especially relevant in the context of products that may be high in sugar, salt, or saturated fats.
For instance, promoting a snack with the line “Can’t stop at one!” could be interpreted as encouraging over-consumption, and may therefore be considered non-compliant.
This principle aligns with broader public health goals by discouraging overindulgence and promoting moderation.
3. Upholding the Value of a Balanced Diet
Claims must not imply that a balanced and varied diet is inadequate to meet the body’s nutritional needs. This regulation is critical in preserving consumer confidence in everyday wholesome foods and avoiding dependency on processed or fortified alternatives.
Statements such as “Only this drink can meet your child’s calcium needs” would be deemed non-compliant, as they undermine the value of a natural, balanced diet.
4. Conditional Benefits and Method of Preparation
Where the claimed benefit is dependent on the method of preparation, the same must be clearly specified on the label.
For example, if the health benefit of a food product is achievable only when consumed hot or mixed with milk, that condition must be prominently declared. This ensures consumers do not assume benefits will apply regardless of how the product is consumed.
5. Specification of Serving Size for Benefits
Claims related to nutritional or health benefits must specify the number of servings per day required to achieve the stated effect.
This ensures consumers are not misled into thinking a single serving delivers the promised benefit, when multiple servings may be needed. It also helps prevent overconsumption based on false assumptions about efficacy.
6. Scientific Substantiation of Claims
Every claim, particularly those suggesting health or nutritional benefits, must be scientifically validated. The methods used for such validation must be credible, measurable, and reproducible.
This standard enhances consumer trust and fosters a science-based approach to health marketing.
7. Misleading Brand Names and Use of Descriptive Terms
FBOs often use adjectives such as “natural,” “fresh,” “pure,” “original,” “traditional,” “authentic,” “genuine,” or “real” in product names or branding. When these words are used in a way that could mislead consumers about the actual nature of the product, a disclaimer in font size not less than 3mm must be provided on the label.
The disclaimer should clearly state:
*“This is only a brand name or trade mark and does not represent its true nature.”
For example, if a brand named “Pure Drops” sells artificially sweetened flavored water, the label must carry this disclaimer if the word “Pure” could mislead the consumer into believing the product contains natural ingredients.
8. Conspicuous and Legible Disclaimers
All disclaimers, including those related to brand names and claims, must be clearly visible and legible. Placement must be appropriate and not hidden in footnotes, decorative graphics, or obscure areas of the packaging.
This requirement is essential to ensure that consumers actually notice and read disclaimers, rather than being misled by attractive but deceptive branding.
9. Prohibition on Using FSSAI Logo for Marketing
The FSSAI logo and license number are mandatory declarations under packaging and labeling regulations, indicating registration and compliance. However, these cannot be used to claim or promote quality, safety, or efficacy of the product.
For example:
This helps maintain the neutrality and regulatory credibility of the FSSAI’s identification system.
10. Respect for Healthy Lifestyles in Advertising
Advertisements for food or beverages must not undermine the importance of healthy living. This includes avoiding:
A responsible approach to advertising ensures that public health is not compromised for commercial gain.
11. Restrictions on Meal Replacement Claims
Unless specifically allowed under other regulations, food and beverage products must not be advertised as meal replacements. This is crucial because:
Only those products approved as meal replacements, such as under special medical or nutritional purposes, may make such claims.
12. Consistency Between Labels and Ads
Any claims made in advertisements must be consistent with the information provided on the product label. Discrepancies between label and advertisement can mislead consumers and will attract regulatory action.
For instance:
If a product is labeled “contains Vitamin C”, it cannot be advertised as “boosts immunity to prevent infections” unless such a claim is also made and substantiated on the label.
13. Ban on Deceptive Advertising
No advertisement should be false, deceptive, or likely to mislead consumers, whether by:
This blanket ban reaffirms the overarching principle of fairness and accuracy in consumer communication.
14. Mandatory Declarations in Advertisements
Any declarations mandated under the regulations—such as disclaimers, warnings, or usage conditions—must be clearly legible and prominently placed in advertisements.
For visual media, this means appropriate font size and on-screen duration. For audio formats, clarity and pace of speech matter.
Compliance Responsibility and Enforcement
Food Business Operators (FBOs), advertisers, and marketing agencies share the legal and ethical responsibility to ensure full compliance with these principles. Non-compliance can lead to:
The FSSAI may also issue advisories, seek product samples, or refer cases to the Central Licensing Authority or State Authorities for enforcement actions.
Conclusion: A Consumer-Centric Regulatory Framework
The General Principles governing food advertising and claims are a vital step towards building a transparent, trustworthy, and health-conscious food ecosystem in India. In a world where marketing often overshadows substance, these regulations act as a safeguard—ensuring that consumer interest is protected, truth is upheld, and health is prioritized over hype.
For food businesses, the message is clear: integrity in communication is no longer optional—it is a regulatory necessity. By aligning marketing strategies with these principles, brands not only ensure compliance but also win long-term consumer trust.
Read more about this Regulation: Food Safety and Standards (Advertising and Claims) Regulations, 2018
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