Jul 9, 2012

Hype claims, face court

FSSAI initiates legal action against 15 top firms for declaring wrong nutritional value

In a first, the country’s top food regulator has initiated legal proceedings against as many as 15 top companies —  makers of some of the most popular food products — for exaggerated claims and misleading advertisements.
The move comes close on the heels of the UK banning the Kellog’s ‘Special K’ advertisement for “misleading women” about the calorific value of a typical bowl of the breakfast cereal.
The products under the scanner of the Food Safety and Standards Authority of India (FSSAI) are energy drinks like Complan, Horlicks, Bournvita and Boost; health supplements like Kellogg's Special K, Real Active Fibre+ and Nutrilite and also those such as Rajdhani Besan, Engine Vegtable Oil, Today Premium Tea and Kissan Cream Spread.
According to a senior FSSAI official, the companies have failed to substantiate their claims with scientific evidence, hence all designated officers (DO) appointed under the FSAAI Act have been instructed to launch prosecution against them in the cities where their respective headquarters are located.
Britannia Industries Ltd hasn't been able to scientifically substantiate that its Nutrichoice biscuits are indeed 'diabetic-friendly'. So did Delhi-based Rajdhani Flourmills Ltd that its product Rajdhan Besan had "no cholesterol" and "low glycaemic index". If Abbott India Ltd's heath supplement Pediasure's claims that it has all the essential nutrients (complete balanced nutrition to grow taller and also make the kid go to school) haven't been established, then GlaxoSmithkline hasn't proved how someone grew 'taller, stronger and sharper' drinking its Horlicks energy drink.
Nestle's Maggi noodles and GlaxoSmithKline's Horlicks have already been banned in Britain for their 'misleading and inaccurate' adverts making unsubstantiated health claims.
For its part, Amul has taken the Hindustan Unilever Ltd to court for its "misleading" brand Kissan Cream Spread.
"This is just the beginning. We have prepared a list of another set of companies against whom notices will be issued and then legal action will be taken," the official maintained.
If found guilty, the food companies could face penalties up to Rs 10 lakh as per provisions under the FSSAI Act, 2006. Among others, it empowers the food authority to regulate the advertising of food products and prevent the food makers from making statement "claim, design or device which is false or misleading in any particular concerning the food products contained in the package or concerning the quantity or the nutritive value implying medicinal or therapeutic claims or in relation to the place of origin of the said food products".
"What are the sugar and other components used in Nutrichoice by Britannia that makes the biscuits 'healthy'; What is the basis of the multigrain claim of Maggi (Nestle product); How Complan (Heinz) makes children grow 'taller, faster'; How Bournvita Lil Champs (Cadburys) triggers 'better brain development'? -- These were some of the questions the companies failed to substantiate with proven scientific evidences.
The move to initiate legal action came following several notices sent to the food manufacturers as well as various complaints to the FSSAI against such unchecked claims.
The authority has been, for the past few months intensively scanning the advertisements appearing in the newspapers and television and found that many food manufacturing firms were giving misleading advertisements and claims taking the people for the ride.
The legal action has come only after they failed to justify their claims with related scientific evidences. It aims to restrict them from adopting such marketing tactics "which are enough to influence the consumers at the cost of their health", the official said.
The food manufacturers have, however, completely denied the allegations of misleading adverts and exaggerated claims, he maintained.

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