SRINAGAR: The Jammu and Kashmir Food and Drugs Administration has directed food business operators (FBOs) to ensure strict compliance with regulations governing food labelling, advertising, and nutrition and health claims, warning that violations could attract penalties of up to Rs 10 lakh.
In an advisory issued by the Drugs and Food Control Organization, J&K, the Commissioner, Food and Drugs Administration, has asked manufacturers, importers, marketers, distributors and advertisers to adhere to the Food Safety and Standards (Advertising and Claims) Regulations, 2018, while labelling, promoting or marketing food products.
The advisory states that claims made on product labels, packaging, advertisements, websites, social media and other promotional platforms must be truthful, clear, scientifically supported and not misleading. Nutrition, health and disease-risk reduction claims must meet the conditions prescribed under the regulations and their applicable schedules, backed by adequate scientific evidence.
The administration has also cautioned food businesses against the improper use of terms such as “Natural”, “Fresh”, “Pure”, “Authentic”, “Genuine”, “Real”, “Traditional” and “Original”. Their use is governed by Regulation 9(2), read with Schedule V, and must satisfy the prescribed requirements.
Composite food products must not be described as “natural” or “pure” in ways that violate the regulations or mislead consumers about their nature, quality, composition or characteristics.
The advisory specifies that the term “Traditional” may be used only when a recipe, formulation or processing method has existed for at least one generation, defined as 30 years, and has remained substantially unchanged. Claims using “Original”, “Authentic”, “Genuine” or “Real” must also be objectively justifiable and supported by evidence.
Where a trademark, brand name or fanciful name contains such expressions and is likely to mislead consumers, the prescribed disclaimer must be prominently displayed on the front of the package.
The administration has further prohibited claims that explicitly or indirectly suggest a food product can prevent, treat, cure or alleviate a disease, disorder or specific physiological condition, except where such claims are expressly permitted under the applicable regulations.
Advertisements must remain consistent with the information declared on product labels and must not contain exaggerated, deceptive or unsubstantiated claims, the advisory states.
Citing Regulation 13 of the 2018 regulations, the administration warned that anyone who publishes, or participates in publishing, an advertisement or claim in violation of the rules may face penalties under Section 53 of the Food Safety and Standards Act, 2006. A misleading advertisement relating to a food product may attract a penalty of up to Rs 10 lakh.
All food business operators have been directed to review their existing labels, packaging, advertisements, promotional materials and digital and social media communications to ensure compliance with statutory requirements.
The administration warned that misleading, deceptive, exaggerated or scientifically unsupported claims could invite appropriate legal action.
