NCPCR Seeks Removal of Misleading Labels on Bournvita : Daily Current Affairs

Date: 28/04/2023

Relevance: GS-3: Food processing and related industries in India

Key Highlights: National Commission for Protection of Child Rights (NCPCR), relief and rehabilitation, Consumer Protection Act 2019, Nutritional Information, Food Safety and Standards Authority of India.

Context:

National Commission for Protection of Child Rights asked Mondelez International India to withdraw all "misleading" advertisements, packaging and labels on its product, Bournvita.

About National Commission for Protection of Child Rights (NCPCR):

The National Commission for Protection of Child Rights (NCPCR) is a statutory body established by the Government of India in 2007, under the Commissions for Protection of Child Rights (CPCR) Act, 2005.
The Commission is responsible for protecting and promoting the rights of children in India, with a focus on the most vulnerable and marginalized children.
The Commission consists of a chairperson and six members, who are appointed by the Central Government.
The NCPCR works in coordination with the State Commissions for Protection of Child Rights (SCPCRs) established in each state and union territory of India.
As defined by the commission, child includes person up to the age of 18 years.
The Commission works under the aegis of the Ministry of Women and Child Development.
The NCPCR has several functions, including:
- Monitoring the implementation of the rights of the child as enshrined in the Constitution of India and the United Nations Convention on the Rights of the Child (UNCRC)
- Investigating and inquiring into complaints regarding child rights violations
- Providing relief and rehabilitation to children in need of care and protection
- Conducting research and studies on issues related to child rights
- Spreading awareness about child rights among stakeholders and the general public.

Misleading packaging and advertisements

The NCPCR observed that the product packaging and advertisements of Bournvita are misleading customers.
The labeling and packaging of the product do not acknowledge correct information regarding its contents, which is a violation of regulations set by the Food Safety and Standards Authority of India (FSSAI) and the Consumer Protection Act.
The product does not adhere to the guidelines set by FSSAI regarding the display of the method of preparation and the number of portions to be served when it is related to the health benefits claimed.

Lack of necessary disclosures

Bournvita does not display mandatory disclosures in line with the guidelines and regulations of FSSAI and the Consumer Protection Act.
The product has no disclaimer or warning stating the harmful effect of its consumption on children, which is a violation of the Consumer Protection Act 2019.

Some of the key guidelines related to labelling are as follows:

Name and Address of Manufacturer: The name and address of the manufacturer, packer, importer or distributor of the food product must be mentioned on the label.
List of Ingredients: A list of all ingredients used in the product must be mentioned on the label in descending order of their proportion in the product.
Nutritional Information: The label must provide information on the energy value, protein, fat, carbohydrates and sugar content per serving size of the product.
Food Additives: If any food additives are used in the product, their name and function must be mentioned on the label.
Allergen Information: If the product contains any of the major allergens (such as milk, nuts, soy, etc.), it must be clearly mentioned on the label.
Best Before/Use By Date: The label must mention the date by which the product should be consumed for best quality or safety.
Country of Origin: The label must specify the country of origin of the food product.
Instructions for Use: The label must provide instructions for use or preparation of the product.
Storage Conditions: The label must provide information on the storage conditions required for the product.
Vegetarian/Non-vegetarian: If the product is suitable for vegetarians, the label must indicate this.

About the Food Safety and Standards Authority of India (FSSAI):

The Food Safety and Standards Authority of India (FSSAI) is an autonomous body established by the Government of India under the Food Safety and Standards Act, 2006.
The FSSAI is responsible for regulating and supervising food safety in India, with the goal of ensuring safe and wholesome food for all consumers.
The FSSAI operates through a network of central and state food safety authorities, food laboratories, and other institutions.
It has also established various committees and advisory bodies to assist in the decision-making process.
The FSSAI is responsible for the enforcement of the Food Safety and Standards Act, 2006, which lays down the standards for food products and regulates their manufacturing, processing, distribution, and sale.
The Act also provides for penalties and punishments for non-compliance with the standards and regulations.

WHO and FSSAI regulations:

The World Health Organization recommends the prohibition of marketing in the category of milk and dairy-based drinks if the total sugar content of the product exceeds 7 gm per 100 gm.
According to FSSAI's Advertising and Claims Regulations, 2018, any product with 5 gm of sugar per 100 gm can be categorized as "low sugar."

Way Forward:

Strengthening the regulatory bodies:
- To strengthen effectiveness, the government should provide more resources, personnel, and funding to the FSSAI.
Enhancing penalties:
- The penalties for violating food labeling and advertising regulations should be increased to serve as a stronger deterrent to companies.
- The current fines for non-compliance are too low and do not discourage companies from violating regulations.
Implementing stricter labeling requirements:
- The labeling requirements should be made more stringent, and the format and font size should be standardized across all food products.
- The mandatory labeling of ingredients and nutritional information should also be made more comprehensive and informative.
Regulating health claims:
- The government should regulate health claims made by food companies more strictly, as these can be misleading and deceptive.
- The FSSAI should require companies to provide scientific evidence to support their health claims before allowing them to be used in advertising.
Increasing public awareness:
- The government should also focus on increasing public awareness about food labeling and advertising regulations, as well as the importance of consuming safe and healthy food products.
- This can be done through campaigns and public education initiatives.

Conclusion

The NCPCR's request to Mondelez to withdraw misleading advertisements, packaging, and labels of Bournvita highlights the need for companies to ensure that their product claims are accurate and comply with regulations.
Consumers should be aware of the ingredients and nutritional content of products they consume, especially when it comes to children's health.

Source: The Hindu

Mains Question:

Q. The controversy over Bournvita's health claims has raised questions about the regulation of food labelling and advertising in India. Analyze the existing legal framework for regulating food labelling and advertising, and suggest measures to strengthen it. (250 Words).