As per the latest National Family Health Survey data (2019–2021), obesity is on the rise among Indians. Nearly one in every four people is overweight, compared to one in every five earlier. India has also broken into the top five countries in terms of adult obesity.
Apart from underlying health issues, overconsumption of calories is known to be one of the leading causes of obesity. A convenient digitised economy also affects our food habits—what, when, and how we eat. Exercising restraint is often difficult given the ease with which these services operate.
While spending on gyms and health-related advertisements has increased, a more direct way to address weight concerns is to increase nutritional literacy among consumers. Many people do not know or underestimate the calorie and nutrient content of the food they eat. According to some doctors, nutrition illiteracy is one of the biggest factors contributing to an overweight population. The law, however, offers solutions to bridge this gap, better educate consumers, and empower them to make informed dietary decisions.
To help consumers make informed dietary decisions, countries around the world mandate that companies display nutrition facts on most packaged foods. In India, as per the Food Safety and Standards (Labelling and Display) Regulations, 2011 (and updated from time to time), nutrition fact labels are required to disclose energy value (kcal), carbohydrates (total and added sugars), total fat (saturated fat, trans fat, and cholesterol), sodium, and other nutrients as specified.
Until recently, restaurants and food delivery services were exempt from this requirement. However, India has recently adopted regulations that require nutrition labelling on menus. Starting in 2022, as per the Food Safety and Standards (Packaging and Labelling) Regulations, restaurants with a central licence or outlets at ten or more locations are required to display the calorie content of their food on their menus. Online food delivery platforms are required to obtain this information from restaurants and display it on their platforms. This information is provided, but there is a need to reconsider the format of the presentation of nutrition labels.
A comparison with labels adopted in other countries shows that Indian labels lack clarity and consistency in their messaging as well as display.
In most countries, ‘calorie’ content of the packaged food is displayed in big and bold letters and disclosed upfront, it is represented indirectly as ‘energy in kcal’ in a font size equal to all other information in India. This requires consumers to make mental leaps and spend extra time and effort figuring out basic calorie-related information. Since information about calorie intake is key to healthy consumption decisions, obscuring this information can dilute the purpose of a nutrition label. Labels usually merge with other informational text, making them easy to miss for ordinary consumers. Further, label formats are not consistent, with some products providing information more clearly than others. This affects consumer literacy and awareness.
Given that India is a multi-lingual country and the aim of these labels is to educate consumers, the language in which they are printed needs consideration. Digital alternatives, such as making translated versions available through QR codes, may be cost-effective options worth exploring.
The law requiring restaurants to provide calories on menus appears to be modelled after a similar mandate in US law. However, given that online food delivery services are more popular in India than in the US and the popularity of a food chain is not always measured in terms of the number of physical outlets, the labelling requirements need reconsideration. Often, small, local joints that do not have 10 outlets or central licences are very popular but are not legally bound to display nutrition information.
At the same time, making calorie information more prominent can contribute
to harmful eating disorders
and behaviours.
Further, such measures may also receive industry pushback since a standard format for a food label may reduce company autonomy and flexibility in product packaging, design, and information dissemination. However, direct and clear information will incentivise food companies to improve the nutritional quality of their products. Policymakers must weigh
these harms with growing concerns about obesity to formulate a policy that best suits the Indian context.
Further, nutrition fact labels are intended for the general population, and it is important that the Food Safety Authority develop comprehensive education campaigns to empower consumers with information to make informed food
choices and to encourage industry innovation towards healthier foods.
(The writer is a lawyer.)