Lok Sabha Question No. 3818 (UNSTARRED), answered on 2020-03-17
Subject: Misleading Advertisements
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Hibi Eden

## 3818.   SHRI HIBI EDEN:

## Will  the  Minister  of  CONSUMER  AFFAIRS,  FOOD  AND  PUBLIC  DISTRIBUTION miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k ea=h be pleased to state:

- (a) whether  the  Government  is  seriously  considering  strict  action  against  those  issuing  misleading advertisements regarding food supplements exclusively for body builders;
- (b) if so, whether the Government has taken any steps in this regard till date;
- (c) if so, the details thereof and if not, the reasons therefor;
- (d) whether it is a fact that in the absence of stringent provisions, misleading advertisements of food supplements aimed at muscle growth are spreading very fast; and
- (e) if so, the details thereof and the steps being taken in this regard?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h ¼Jh nkuos jkolkgsc nknkjko½

## THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI DANVE RAOSAHEB DADARAO)

(a) to  (e) :  Ministry of Health & Family Welfare has informed that Food Safety and Standards Authority of  India  (FSSAI)  has  notified  the  Food  Safety  and  Standards  (Advertising  and  Claims)  Regulations  on 19.11.2018.  These  regulations  are  aimed  at  establishing  fairness  in  claims  and  advertisements  of  food products and make food businesses accountable for such claims/advertisements so as to protect consumer interests.

Many claims, listed in various schedules of these regulations with related criteria, are permitted to be made by food business operators without the need for seeking prior approval from the food regulator. However, other types of claims not standardized under these regulations require approval from the Food Authority and should be supported with sound scientific basis.

These regulations contain several sections  detailing definitions; general principles for claims and advertisements;  criteria  for  nutrition  claims  (including  nutrient  content  or  nutrient  comparative  claims), non-addition claims (including non-addition of sugars and sodium salts) health claims (reduction of disease risk),  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  -compliance under these regulations.

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs

## LOK SABHA UNSTARRED QUESTION NO. 3818 TO BE ANSWERED ON 17.03.2020

## MISLEADING ADVERTISEMENTS

Moreover,  FSSAI  has  notified  Food  Safety  and  Standards  (Health  Supplements,  Nutraceuticals, Food  for  Special  Dietary  Use,  Food  for  Special  Medical  Purpose,  Functional  Food  and  Novel  Food) Regulations, 2016 on 23rd December, 2016 wherein specific requirements for labeling and claims for food or health Supplements, Nutraceutical products etc. have been prescribed. Food supplements need to comply with these conditions. For certain claims prior approval of Food Authority is required.

A detailed procedure for approval of claims is included in these regulations.

Any  person  ,  including  a  third  party,  who  advertises  or  is  a  party  to  the  publication  of  any misleading  advertisement  not  complying  with  these  regulations    is  liable  to  be  penalised  with  a  fine extending upto Rs. Ten lakh, as per Section  53 of the Food Safety and Standards Act, 2006.

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