Srinagar, Oct 12 (GNS): The Commissioner, Food and Drugs Administration, J&K has issued an advisory to all Food Business Operators (FBOs) regarding compliance with provisions relating to labelling, advertising, nutrition and health claims.
As per the advisory issued by the Drugs & Food Control Organization, J&K, all FBOs including manufacturers, importers, marketers, distributors and advertisers have been advised to strictly comply with Food Safety and Standards (Advertising and Claims) Regulations, 2018 while labelling, advertising, promoting or marketing food products.
All claims appearing on labels, packaging, advertisements, websites, social media platforms or other promotional material shall be truthful, clear, meaningful, scientifically substantiated and not misleading. Nutrition claims, health claims and reduction-of-disease-risk claims shall be made only in accordance with conditions prescribed under Regulations and applicable Schedules, supported by adequate scientific evidence, it said.
Particular care shall be exercised in use of expressions such as “Natural”, “Fresh”, “Pure”, “Authentic”, “Genuine”, “Real”, “Traditional” and “Original”, which are regulated under Regulation 9(2) read with Schedule-V. Such expressions shall be used only when food satisfies prescribed conditions. Composite foods shall not be represented as “natural” or “pure” contrary to requirements, and expressions which may mislead consumers regarding nature, quality, composition or characteristics shall not be used.
The term “Traditional” shall be used only where recipe, formulation or processing method has demonstrably existed for at least one generation (30 years) and has remained substantially unchanged. Similarly, “Original”, “Authentic”, “Genuine” and “Real” shall be used only where claim can be objectively justified and substantiated. Where trademark, brand name or fancy name contains such regulated expressions and is likely to mislead consumers, prescribed disclaimer shall be prominently displayed on front of the pack as required under Regulations.
No FBO or advertiser shall make any claim which expressly or by implication suggests that a food can prevent, treat, cure or alleviate a disease, disorder or particular physiological condition, except where specifically permitted. Advertisements shall also be consistent with information declared on label and shall not contain exaggerated, deceptive or unsubstantiated claims.
The advisory cautioned that non-compliance may attract penal action. Regulation 13 of the Advertising and Claims Regulations, 2018 provides that any person who advertises or is party to publication of advertisement or claim in contravention of Regulations shall be liable to penalty under Section 53 of Food Safety and Standards Act, 2006, where a misleading advertisement relating to a food product may attract penalty extending to Rs 10 lakh.
All FBOs have been directed to review their existing labels, packaging, advertisements, promotional materials and digital/social media communications and ensure conformity with statutory requirements, warning that any misleading, deceptive, exaggerated or unsubstantiated claim shall be liable for appropriate action.(GNS)
