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FSSAI extends enforcement of norms related to brand names identical with characteristics of products.
Mar 09, 2023
The FSSAI has decided to extend the enforcement of regulations related to advertising & claims related to brand names identical with the characteristics of the product like fresh and natural. The food regulator has decided that the enforcement of these regulations shall be extended by six months from the date of notification so that the food businesses can exhaust their existing pre-printed packages.
Called the Food Safety and Standards (Advertising and Claims) Second Amendment Regulations, 2022, this regulation was notified in the Gazette of India on December 13, 2022, and enforced with immediate effect.
However, the food businesses made representations before the food authority seeking time as there was small but significant difference in the draft and final notification with respect to front of the pack labelling of such brand names.
'After due consideration of the representations of the food business operators and also to ensure sustainable practices for food business operations, it has been decided to extend the enforcement of sub-regulation (7) of regulation 4 of Food Safety and Standards (Advertising and Claims) Second Amendment Regulations, 2022 for a period of six months from the date of notification,' reads the direction issued by the FSSAI.
The sub-regulation (7) of regulation 4 of the final amended regulations specifies that in case of trade mark, brand name or fancy name containing adjectives such as 'natural', 'fresh', 'pure' etc., a disclaimer 'This is only a brand name or trademark, or fancy name and does not represent its true nature:(relevant one may be chosen as applicable)' shall be mentioned 'prominently' on the front of pack of the label.
It is pertinent to note that in the direction dated Oct 26, 2021, regarding enforcement of Food Safety and Standards (Advertising and Claims) Regulations, 2018, & re-operationalisation of Food Safety and Standards (Advertising and Claims) Amendment Regulations, 2021; sub-regulation (7) of regulation 4 specifies that in case of trade mark, brand name or fancy name containing adjectives such as 'natural', 'fresh', 'pure' etc., a disclaimer 'This is only a brand name or trade mark and does not represent its true nature' shall be mentioned 'below such trade mark, brand name or fancy name'.
The same provision was also included in the draft Food Safety and Standards (Advertising and Claims) Amendment Regulations, 2021, notified in the Gazette of India on Dec 27, 2021.
According to the FSSAI, representations were received from the stakeholders requesting an extension of implementation of the sub-regulation-7 due to the change in the final notification vis-a-vis draft notification as this would require changes in the artwork of the label and also to exhaust the existing old inventory of packaging materials.
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