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Author - Associate Sanjani Shah

The Food Safety and Standards (FSSAI) (Advertising and Claims) Regulations, which were implemented from 1 July, are supposed to make celebrities, who subscribe to food products, more answerable. The laws will also initiate fairness in claims made by packaged food business house.

The Food Safety and Standards Authority of India (FSSAI) is a statutory body established under the Food Safety and Standards Act, 2006. The Advertising Standards Council of India (ASCI) is a self-regulatory body that broadcasts responsible advertising. role of asci in curbing misleading advertisements becomes really important. two authorities have come together against ambiguous advertisements in the food and beverages section and have signed Memorandum of Understanding (MOU) for the same.

Minister of Information and Broadcasting said in the Lok Sabha that the regulations are the intention to establish fairness in claims & advertisement of food products and make food business answerable for such claims & advertisements. 

The regulation clearly states that any person including third-party who advertises; or a part of the broadcasting of any misleading food advertisement not in accordance with these regulations; would be punishable as per Section 53 of the Food Safety and Standards Act, 2006.

The Section 53 of the Food Safety and Standards Act, 2006, identifies that any person who broadcasts or a party to the broadcast of an advertisement, which deceitfully describes any food or is likely to be deceptive regarding the nature, substance, quality of any food or gives erroneous guarantee, will be liable to a penalty of maximum of Rs.10 lakhs.

As per the Department of Consumer Affairs, there is no allocation in the Consumer Protection Act 1986 to summon celebrities endorsing food products.

The purchaser can make a complaint against the prejudiced business practice in a consumer forum established under the Consumer Protection Act, 1986.

If the complaint is endorsed, the Consumer Forum can issue an order to the opposite party ordering him to remove the defector to replace the good or to return the cost of the goods to the complainant.

As per the MOU, role of asci in curbing misleading advertisements is the ASCI will keep an eye on food and beverage advertisements across various media. The ASCI will report to the FSSAI about its conclusions taken with regards to the advertisement, which have been found to be in disobedience with the ASCI's guidelines, so that additional action may be started as per the provisions of the FSSAI Act 2016. Further, the FSSAI has issued an initiative monitoring directive to the ASCI for processing complaints against ambiguous food and beverage advertisements.

The FSSAI will receive complaints about misleading advertisements through the portal of Grievances Against Misleading Advertisements (GAMA), under the Department of Consumer Affairs.

Pawan Agarwal CEO, FSSAI, comments on the MOU, "The FSSAI has taken a serious view of misleading food advertisements , and in order to effectively handle the same, has entered into an MOU with the ASCI, following which there will be a paradigm shift towards handling such a scenario and shall also bring transparency and accountability with the stakeholders' participation."

The ASCI, which is an automated concern for the advertising industry, was formed in the year 1985. The primary function of the ASCI and it's Consumer Complaints Council (CCC) is to deal with complaints given by consumer or user and industry against advertisement, which observed as incorrect, misleading, vulgar, unlawful, and directing to unsafe practice, or unjust to competition, and as a result in violation of the ASCI code for self regulation in advertising.

National Ad Monitoring Service (NAMS), the ASCI assert to monitor more than 80 per cent of new print media and new Television ads released in the country every month, for infringement of Chapter I of the ASCI Code.

The Food Safety and Standards Authority of India (FSSAI), is lawful body formed under the FSSAI act, 2006 to make scientific standards for the commodity of food and regulating manufacturing, preparation, dispersal, sale, and importing of food so as to make certain safe and wholesome food for human consumption.

BenoyRoychowdhury, Chairman of ASCI, says, "We are delighted that the ASCI's self-regulatory process on advertising content is getting recognition from various government bodies and the partnership with the FSSAI will augment our efforts in curtailing misleading advertisements. Food and beverage products are consumed on a daily basis, impacting the health and well-being of millions of consumers. Reining in misleading food advertisements for this important sector would be a key priority for the ASCI."

As per new regulations, claims made in the advertisements will be compatible with the information given on the label. Words saying the food is recommended, authorized, or prescribed by medical practitioners or approved for medicinal purpose. Which will lead to curbing of misleading food advertisements

The FSSAI act 2016 is in the process of further revising some of its present existing rules and regulations to monitor high-sugar and high salt containing food and make the user or consumers aware about the risk of having such food.