Misleading or false claims in food advertisements can be subject to a fine of up to Rs 10 lakh, says Manisha Kapoor, CEO and secretary general of the Advertising Standards Council of India (ASCI), a voluntary self-regulatory organisation of the advertising industry in India.
Ultimately, the responsibility, says Kapoor, lies with the brands themselves. It is up to them “to ensure their legal, technical and marketing teams validate claims before they reach consumers. Responsible advertising ultimately means providing accurate, substantiated information and building long-term consumer trust”, she adds.
According to Kapoor, some of the most recurring concerns in the industry include claims around weight management, immunity and gut health, as well as specific ones related to blood sugar regulation or HbA1c reduction within a specified period, among others.
When a concern is identified, the ASCI seeks the advertiser’s response and, where required, supporting technical evidence. “The matter is then considered by ASCI’s Consumer Complaints Council (CCC), which reviews the complaint, advertiser response and evidence before deciding whether the advertisement violates the ASCI Code,” explains Kapoor.
If the complaint is not upheld, it is closed; if upheld, the advertiser is required to modify or withdraw the advertisement within the stipulated time frame, she elaborates. “Any non-compliance is escalated to the relevant regulatory authorities such as the FSSAI,” says Kapoor, adding that the FSSAI, as a food regulator, then has the jurisdiction to levy penalties based on its assessment.
“E-commerce companies, warehouses, food processing units and retail sellers are among the entities frequently inspected and penalised for packaging, labelling, display, or other related non-compliances,” says Munab Ali Beik, head of compliance advisory at Core Integra Consulting Services, a regulatory compliances and HR practices firm based in Maharashtra.
“Failure to verify and comply with the applicable requirements may result in action by the food safety authorities, including a ban or seizure of the product or its declaration as sub-standard, where applicable,” Beik elaborates.
Meanwhile, despite the FSSAI crackdown, some brands continue to carry advertisements with misleading claims. Health Factory, famous for its breads, retains the packaging claiming ‘zero maida’, which, while technically true, contains ingredients including isolated wheat gluten instead of maida for the texture. In its video ads, it also uses vague terms like ‘high quality protein’, and ‘full of purpose’. Healthy Master, a protein-rich snacks brand that gained relevance through Shark Tank, has video ads on its social media accounts claiming positive impacts like ‘helps stay fuelled and sharp’ and ‘100% natural’, while Troovy, a brand that manufactures healthy snacks targeting children, also claims ‘all natural ingredients’, printed on their packaging and used in ads.
Storia is another such brand that claims ‘100% juice’ on the front of the pack, with the back mentioning that it contains ‘permitted natural food colour and added nature identical flavouring substances’. The packaging, claiming 100% juice, is also still used on its video ads on social media.
Healthy Choice, an Indian snacks food producer, which claimed that it contains ‘pure and natural’, has now removed the claim from its labels after an FSSAI notice, said Harish Deepchandani, a director in the company.