Collective responsibility

Update: 2023-05-10 17:48 GMT

The Advertisement Monitoring Committee of the Food Safety and Standards Authority of India (FSSAI) recently flagged 32 fresh cases of food business operators (FBOs) making misleading claims and advertisements. The regulator urged the FBOs to “desist from making any unscientific or exaggerated claims and advertisements to promote their product sales”, in the larger interest of the consumers. The red alert from the FSSAI is being contextualised against the background of social media outrage against a popular health drink company which countered certain allegations against it, stating that its product adheres to a “scientifically designed formula.” The influencer who made allegations against the drink company deleted her social media video following a legal notice. However, the FSSAI’s directive is more broad-based. The Advertisement Monitoring Committee reported that over the last six months, the committee has scrutinised advertisements and claims on many food products, and has reported 170 cases which were found to be non-compliant and misleading. FSSAI’s revelations make it evidently clear that the malpractice of using misleading claims and advertisements to boost product sales is widely prevalent in the country. It has serious implications. One of the most alarming aspects of these misleading claims and advertisements is the impact they can have on consumer health. For instance, FBOs who make false health claims can give consumers a false sense of security, leading them to consume products that may be harmful to their health. Similarly, exaggerating the nutritional value of products can mislead consumers into believing that they are making healthier choices when in reality, they are not. Apart from being health-averse, misleading claims by FBOs also violate the competition norms and distort consumers’ right to make their own choices. A substantial degree of violation in the food sector prevails despite clear-cut legislations and well-stipulated norms. Section-53 of the Food Safety and Standards Act, 2006, lists deceptive claims or advertisements as a punishable offence. In 2018, the government passed a regulation in this regard. Apart from it, clear definitions exist of what constitutes ‘pure’, ‘natural’, ‘fresh’ and so on and so forth. The reported violations are clearly a matter of implementation failure. While it is heartening that the FSSAI has stepped in to initiate legal proceedings against the newfound violators, a lot more needs to be done on this front. There is a pressing need to conduct regular inspections and audits to ensure that FBOs are adhering to food safety standards and take legal action against the violators. FSSAI can play a big role in facilitating such actions so that food safety standards are upheld across the country. However, the FSSAI cannot tackle this issue alone. It is the responsibility of all stakeholders, including FBOs, consumers, and regulatory bodies, to work together on this front. FBOs, in particular, have a crucial role to play in ensuring that they are not making false claims or advertisements. They must comply with FSSAI’s direction towards furnishing “statistically significant results from well-designated human intervention studies, conducted by or under the guidance of established research institutions”. It is high time that they start investing significantly in research-based claims. Once FBOs start prioritising food safety standards over cheap profits, they will not only ensure the safety of their products but also build strong trust with their consumers. The positive public image can then earn them more credibility, and even profits, than any high-cost public relations exercise. Their strategies must be guided by a long-term approach. At the same time, consumers, too, should act vigilantly and in an informed manner. They must devote time to reading labels and researching claims made by FBOs before making a purchase. Moreover, they must report any instances of false claims or advertisements to the FSSAI or other regulatory bodies. In sum total, it is the collective responsibility of all stakeholders to build a credible environment in which buying and selling of products can be carried out in a safe and confident manner. Such an environment will not only be conducive to the interests of consumers and FBOs but will also ensure the overall health of the food industry because a negative perception taints the image of the industry as a whole.

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