Food Safety and Standards (Advertising and Claims) Regulations, 2018

The Food Safety and Standards Authority of India (FSSAI) has issued The Food Safety and Standards (Advertising and Claims) Regulations, 2018 in order to monitor the advertisement and claims on food products by the Food Business Operators (FBOs) in India. False advertisements and claims are prohibited and are punishable offences under Section-53 of the Food Safety and Standards Act, 2006.

• The Food Safety and Standards Authority of India (FSSAI) has been monitoring media reports, including social media, about various health claims made by different Food Business Operators (FBOs) in India. It has issued the FSS (Advertising and Claims) Regulations, 2018 to monitor and regulate the above. False advertisements and claims are prohibited and are punishable offences under Section-53 of the FSS Act, 2006.
• Every claim made must meet the criteria in the regulation, without falsehood or exaggeration. Nutrient function and other functional claims must be based on the current scientific evidence. Claimed health benefits must be based on statistically significant results from clinical studies conducted by established research institutions, in accordance with Good Clinical Practice (GCP) and must be published in a peer reviewed scientific journal.
• To ensure compliance, the Licensing cum Designated officers (central and state level) can call upon the FBOs to submit scientific evidence. Failure to do so or in case of unsatisfactory responses, the FBOs must modify their claims. If the FBO fails to perform any of the above, they will be fined up to INR 10 lakhs (under Section 53 of the FSS Act, 2006) along with suspension/cancellation of license etc.
• Additionally, FSSAI has set up an Advertising Monitoring Committee which regularly monitors advertisements of products made by the FBOs on social media and e-commerce platforms.