Full disclosure of Ingredients of a Food Article is a Fundamental Right : Delhi High Court

Legal News by Gaurang Takkar (Intern at Legal Soch Foundation)

The Supreme Court in the case of Ram Gaua Raksha Dal v. UOI was dealing with a plea seeking guidelines for strict implementation of the existing rules mandating food manufacturers to label their products according to the nature of the ingredients used therein. The plea also sought examination of the possibility of making labelling all consumable items not only on the basis of their ingredients but also on the basis of the items used during the manufacturing processes. The divisional bench comprising of Justice Vipin Sanghi and Justice Dinesh Kumar Sharma observed that since the right of a person under Article 21 and 25 of the Constitution of India is impacted by what is offered on a platter, it is fundamental that full and complete disclosure of a food article being vegetarian or non-vegetarian is made a part of consumer awareness.

The Court added that the failure of the authorities to ensure such full and complete disclosure of food articles as to whether the same was vegetarian or nonvegetarian defeats the objective of the Food Safety and Standards Act, 2006. Thus, the court also directed the FSSAI to issue unambiguous guidelines in this respect to make it obligatory for the manufacturers to disclose the contents of the food article and whether it is vegetarian or nonvegetarian. "Since the right of every person under Article 21 and Article 25 is impacted by what is offered on a platter, in our view it is fundamental that a full and complete disclosure regarding the food article being vegetarian or nonvegetarian is made a part of consumer awareness," the Court ordered.”

The Court was also of the view that the failure of the authorities, Central Government and FSSAI, in checking the lapses is not only leading to non-compliance of the Food Safety and Standards Act, 2006 and the Regulations but is also leading to "deceit by such Food Business Operators of the public at large, particularly those who wish to profess strict vegetarianism."