The Supreme Court of India, in 3S and Our Health Society v. Union of India & Anr., has continued its scrutiny of India’s proposed Front-of-Pack Labelling (FoPL) regime for packaged foods. The order dated 10 September 2026 emphasises the need for scientifically sound, prominent and consumer-friendly warnings on foods high in fat, sugar and salt (HFSS), particularly in the interests of children and public health.
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The Court noted that the FSSAI has proposed a red-coloured hexagonal warning label for products containing high levels of two or more specified nutrients, with a second phase proposed for products exceeding the threshold for any one nutrient. The proposal is based on the Dietary Guidelines for Indians, 2024, issued by ICMR-NIN.
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However, the Supreme Court found several aspects of the proposal requiring further consideration. These include the scientific basis for the two-phase approach, the absence of a definite timeline for Phase II, appropriate nutrient thresholds, and differentiation between moderately processed and ultra-processed foods. The Court also questioned whether total sugar, saturated fat and trans-fat should be reflected in the labelling framework.
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The Court further sought clarity regarding the size, placement and colour of the warning label, whether separate hexagons should be used for individual nutrients, and whether pictorial representations should accompany words to address varying levels of literacy and comprehension across India.
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Significantly, the Court also raised concerns that reducing sugar, salt or fat could inadvertently encourage manufacturers to increase artificial preservatives, emulsifiers or other additives. It therefore called for appropriate regulatory safeguards.
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The FSSAI has been directed to file a further affidavit within 10 days, with the matter posted for 28 September 2026. The proceedings demonstrate the Supreme Court’s continuing emphasis on the right to health under Article 21 and the State’s public-health obligation under Article 47, while seeking a robust and effective FoPL framework for Indian consumers.
