Apr 8, 2012
READ BETWEEN THE LINES - INDIAN EXPRESS ARTICLE
You enjoy a packet of instant noodles believing that it contains no Monosodium Glutamate (Ajinomoto). After all, the food label claims that it has “no added MSG”. Similarly, you help yourself to an extra serving of ‘diet chivda’, confident that it’s a low-calorie snack. Same for a brand of biscuits that says ‘zero trans fats’ and ‘zero cholesterol’.
What if you find that the instant noodles contain MSG, the diet chivda is as calorific and as fat-laden as the normal ones, and the biscuits aren’t what you believed them to be? Chances are that you would feel cheated.
Food laws are not to blame for your dilemma, but the loopholes in the laws are. The law does not make it mandatory for manufacturers to list ingredients that are part of a larger ingredient mentioned on the label, allowing unsavoury ingredients to be slipped in. That noodle snack for example contains ‘hydrolysed vegetable protein’, a taste enhancer used in many processed foods. This ingredient along with others such as plant proteins, textured proteins and yeast extracts often contain glutamate, an active ingredient of MSG. So do other types of ‘flavour enhancers’ in some imported instant noodle brands, widely available in supermarkets. Some soya sauces and soy powder are sources of glutamate as well, as are some spices and condiments. These taste enhancers save companies’ money because they substitute for the real thing.
“Today they are using MSG in everything, even in food sold loose. It’s found even in paneer! In processed food, it is often hidden in the form of flavour enhancers,” confirms Dr Smita Lele, president, Association of Food Scientists and Technologists of India (AFSTI) (Mumbai Chapter) . She explains that glutamate is an amino acid, an ingredient of MSG, and can cause similar reactions.
The issue goes beyond just the health aspects. It isn’t about broken laws either, because laws are anyway not being broken, it’s about consumer choice. Research may have demonstrated that food additives are safe in tiny quantities but a consumer has a right to know what he or she is taking in.
“It’s a problem, but stronger laws are coming up to prevent false, surrogate and misleading claims,” says Secretary Consumer Guidance Society of India (CGI) Dr M S Kamath. However, these changes are more to do with advertising rather than the labelling. Food Safety and Standards Authority of India
(FSSAI) consumer representative, Vasundhara Deodhar says, “A misleading labelling law is not happening yet, but consumer organisations believe that it’s important as they are a direct form of interaction with consumers.”
Food labels are beyond misleading. They are often undecipherable even though regulation demands that “every declaration made on the package be legible, prominent and unambiguous”. The food labels are ostensibly aimed at the consumer, but in reality can be properly understood only by the food authorities. Terms like anti-caking agent, softening agent and thickener make little or no sense to a layperson. At times, ingredients are reduced to meaningless numbers. Consumer organisations are aware of the problem. “One of our missions is to make the food labels more user-friendly,” promises Deodhar.
A compulsory nutrition label is meant to address this problem, and to some extent it does. Nutrition labels have been mandatory even before the new Food Safety Act was enacted on August 5, 2011. The new Act brought stiff
penalties. Misbranding can result in a `3 lakh fine.
However, as in the case of ingredient labels, nutrition labels can be manipulated by marketers. A manufacturer who makes a song and dance about his vegetarian non-dairy snack being without cholesterol is not lying, but the truth is that plant-based products anyway don’t contain cholesterol. The consumer is being tricked into believing that there is something special about his product.
Trans fat quantities on food packs are another unreliable detail. Despite being one of the nastiest ingredients in your food, you will not be able to keep track of how much trans fat you consume. Even in developed countries like the US (one of the first countries to insist on a trans fat label), food laws dictate that trans fat below 0.5 gram can be expressed as ‘0 g’ on the food content and also per serving size. There is no reason to believe that it is any different in India although Food and Drug Administration (FDA) and other government officials did not confirm this. Consumer and health groups in developed countries are fighting tooth and nail for a more accurate representation of trans fat on food labels, but the powerful processed food lobby (which needs to find an inexpensive replacement for trans fat) is resisting.
Sveta Bhassin, a clinical and sports nutritionist, advises that when it comes to trans fats, people should consume “none at all”. Dr Vijay Surase, consultant interventional cardiologist, says “Trans fats contribute to clogged arteries and raise your LDL cholesterol and lower your HDL cholesterol”. The dangers of consuming artificial trans fats has been linked to the risk of heart disease in several studies like the 14-year Harvard Medical School Nurses study of 80,082 women (2005) and the 10 year Dutch Zutphen Elderly Study (2001) of 667 men. These studies demonstrated that even tiny quantities of artificially produced trans fat are unsafe. It’s worrisome enough that man made trans fats are allowed in many countries, including India, (unlike countries like Denmark, Switzerland Iceland, Sweden, Austria), a misleading label is all the more disturbing because trans fats are being consumed unknowingly.
What adds to the burden are trans fats in restaurant and snack foods sold loose. Fast food, fried food, and bakery products can all contain trans fat, and the law doesn’t require them to label. Companies in developed countries are scrambling over themselves to remove trans fats from food voluntarily, but this is not the case in India. “Over there companies and restaurants have a big stake in doing it. Consumer awareness is high and any news item about trans fat or some undesirable additive and their sales could drop by 20 per cent,” explains Kamath.
At least for now, Indian consumers have to fend for themselves. Restricting portion sizes is one way of doing it. “People need to stick to small portion sizes as indicated on the label as processed and ready to eat foods are not a replacement for home-cooked meals,” says Deodhar. To give a child a full packet of biscuits to satisfy his hunger is incorrect, she says. However, portion sizes can be unrealistically lowered by marketers, confusing consumers.
Considering that almost everything comes in a package nowadays, one has to set limits. A few years of eating synthetic food will take a health toll. “Taking these chemicals in a regular pattern interferes with the hormonal and climatic conditions of the body and can cause problems ranging from undernutrition, obesity, and lowered immunity to diseases like cancer,” says Bhassin. She points out that even home-cooked food and milk contain adulterants and pesticides, so why add to it by consuming chemicals in processed foods?
Deodhar on her part recommends eating processed foods just twice a week, two meals out of 14, and in small portions. This should be done after decoding the food label to check if the food is what it claims to be.
It’s not as if the FDA and FSSAI are not doing their bit to prevent misrepresentation of facts and misbranding. A few years ago, a product called Brain Amaze was boldly labeled ‘Amaze Brain Food,’ with a claim that it provides 33 per cent of the key nutrients children need daily. This claim could not be backed up by scientific evidence. In recent months, the FSSAI has reportedly sent notices to the manufacturers of Maggi multigrain noodles, Top Ramen (oats version), Nutrichoice biscuits, Horlicks, Complan, Heartcare biscuits, Bournvita Lil Champs and PediaSure food supplement, asking them to provide a scientific basis for their claims. The grouse of consumer organisations is not that the FSSAI won’t do its job, but that the media won’t report it when it does. If the products are found to be misleading, the news will be suppressed, as was in the case of Brain Amaze. When the news doesn’t trickle down to the public, the company’s bottomline doesn’t suffer. Empowered and aware consumers can put pressure on companies, and the media’s role in this cannot be discounted.
Consumer rejection is a strong deterrent and without it one has to hope that heavy penalties and the fear of financial loss (if products are forced to withdraw) will make the manufacturers fall in line. The mandated licensing and registration of all food outlets is also expected to help. Once registered, the authorities will find it easier to keep track and conduct checks. However, one of the difficulties in the implementation of the new Food Safety Act is the large “cost impact”, says Prabhod Halde, head product integrity Marico Ltd and vice president AFSTI. He adds that the “high penalty structure may be difficult for small food business operators.” Consumer organisations also see the implementation of the new act, particularly the registration and licensing part as a “herculean task”. However, FDA officials are confident. “We are doing it as fast and as early as possible. Our officers are going everywhere, to the villages, to the gram panchayats conducting awareness programmes asking people to register and get licenses,” says Dilip Shrirao, Joint Commissioner, FDA, Maharashtra.
That there is a shortage of manpower and infrastructure needed to implement the new Food Safety Act is well known. AFSTI’s Lele acknowledged the “severe shortage”, and Deodhar said that more “well equipped government accredited food-testing facilities” were the need of the hour.
Self-audit by companies is a problem solving measure, with higher penalties for companies which lie.“The idea is to make industry more responsible for their own actions,” says Lele. She is confident that this will work in the long term, with results visible in less than five years. Halde too believes that the system will stabilize in time. New product regulations for categorization of foods like health supplements, foods for special dietary uses, and novel foods are expected to streamline the system.
Until then, the consumer has to decode food labels himself. Reading labels does not stop with looking at the expiry date and outwitting the manufacturer does not stop at scanning the nutritional information. It also means trusting your taste buds. Also ask questions, it sends out a strong message to vendors and marketers that you have a high food IQ and they have to get their act together.
List of Consumer Rights
The consumer rights enshrined in the Consumer Protection Act in India
Right to Safety
Consumer has the right to be protected against marketing of goods and services which are “hazardous”.
Right to Information
Consumer’s ‘Right to Information’ is defined as the “the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices.”
Right to Choose
This is ‘the right to be assured, wherever possible, to have access to a variety of goods and services at competitive prices’.
Right to be Heard
This is ‘the right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate forums’ is referred to as the right to be heard.
Right to Redressal
The consumer has the right ‘to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers.’
Right to Consumer Education
Indian citizens have a right to be educated on consumer protection.
Food facts that consumers should keep in mind
● Fat-free or sugar-free does not mean calorie free.
● No added sugar does not mean sugar is not present in another ingredient.
● Sugar-free products often contain unsafe artificial sweeteners.
● No added MSG does not mean that Monosodium Glutamate or Glutamate is not present.
● Organic is not equal to healthy. That depends on the ingredients used.
● If the salt in grams exceeds the number of calories, the food will be salty.
● Fresh means either frozen when it was fresh, or the ingredient was never frozen but processed when fresh.
● Natural or Real usually means dehydrated and processed, although artificial chemicals may not be present.
● Products containing “100% Real Fruit” or “100% Real vegetables” may contain very little of them.
● A “whole grain food” may be made of whole grain but it could have excessive calories, too much fat, sugar, and salt, or too many food additives.
● Claims like ‘no cholesterol’ or ‘low cholesterol’ or ‘cholesterol free’ are meaningless if present on foods of vegetable origin because plant origin foods hardly contain any.
● The term “light” does not necessarily translate into low fat. This may refer to the texture, colour or taste of the product.
● Zero trans fats does not mean actually zero. Check if ingredients contain “partially hydrogenated” or “hydrogenated” or “shortening” because if they are present, trans fat is present.
● Assume all baked and fried food without labels contain trans fats unless you know they don’t.
● Check nutritional information per 100 gm, not serving size, as serving sizes can be artificially manipulated.
Penalties
● May extend to `5 lakh for sub-standard food.
● May extend to `3 lakh for misbranded food.
● May extend to `10 lakh for misleading advertising.
● Rs 2 lakh for failure to comply with the directions of food safety officers.
● Rs 2 to 10 lakh for possessing adulterant.
● Rs 1 lakh for unhygenic or processing or manufacturing of food.
Punishments
● Six months jail or imprisonment for life and fine from Rs 1 to 10 lakh for unsafe food.
● Jail for six months and fine of Rs 2 lakh for interfering with seized items.
● Jail for three months and fine of Rs 1 lakh for obstructing or impersonating a food safety officer.
● Jail for six months and fine of Rs 5 lakh for carrying out a business without licence.
CSE calling? Go by ethics Mr.CEO!
Late last week, the Centre for Science and Environment hit headlines again. It claimed that of the 16 food brands that underwent scrutiny in its labs, all of them were found to contain more harmful elements as the brands publicly report.The brands tested included the likes of Maggi, Top Ramen, McDonald's, KFC and Haldiram’s. What the CSE claims is this – that these brands have either misreported or not reported the presence of contents like trans-fats (which causes coronary diseases and reduce the level of good cholesterol), salt (which effects a rise in blood pressure) and sugar (we all know what simple sugar can do!), and therefore these are harmful for the nation’s youth. Take for example the case of an accused.
According to the National Institute of Nutrition (NIN), the maximum quantity of salt an individual can consume per day is less than 7 grams (5 grams as per WHO). As per CSE’s findings, the Rs.10 packet of Maggi noodles contains close to 4 grams of salt, and the company doesn’t even report this on the package. This, therefore, means that during the course of the day, a youngster (Maggi is especially loved by the young) isn’t informed that he/she should not consume more than 2 grams of salt. Legible claim by CSE.
Take for instance another set of accused – Haldiram’s, PepsiCo’s Lays, Nissin Foods’ Top Ramen, and McDonald’s. I wouldn’t want to churn out numbers here proving CSE’s stance, but what is important to know is that each of these brands have been accused for delivering more trans fats than they are allowed or they report.
As per WHO, the trans-fat intake limit for an adult ranges between 2.1 grams to 2.6 grams per day. However, the lab reports have proven that these multinational brands are selling products that contain more trans-fat than they should. Again, the claims made by CSE stand legible and in the interest of the nation’s health and youth.
But the question really is – what has CSE done in all these years in the field of food safety to let us to believe that this time around, its findings will actually be able to force some of the nation’s biggest multinationals to take corrective steps? And can it convince the nation’s youth that besides reducing this matter of food hazard to a heated discussion on a news channel, CSE will perhaps even convince authorities to force the multinationals to hold collaborative testing with it?
Remember the year 2003 when the CSE first reported high levels of pesticides in colas? That created a lot of buzz. I was in my final year of graduation then. For about a couple of months I was careful not to buy a bottle of carbonated liquid. As expected, by the end of that year, I had forgotten that Coke or Pepsi can harm me. Perhaps the whole of India had.
In 2006 again, the labs at CSE spoke and revealed that despite its warnings three years back, the levels of pesticides in colas had not fallen. This time, I had passed out of a b-school and happily employed. Again, the buzz was created – the media elements went loud, known experts criticized the cola companies for not taking necessary action over the years and exposing their brand equity to dangerous winds, parents across the country again got careful about encouraging their children to have fresh fruit juices, and as for me, I again got careful about not drinking colas.
Twice in a matter of four years, PepsiCo and Coca-Cola had been criticized, slammed, reported against, and their brands stood the chance of being boycotted from the Indian market. Today, I am a happy consumer of colas and I not just love the recent ‘Change the Game’ ad of PepsiCo featuring Ranbir Kapoor, but I think the social campaign of Coca-Cola is also very sweet.
So will this recent allegation by CSE make any difference to the ethos of the accused multinational companies? Nothing much will change, nothing much needs to change. In terms of ethics, the right strategy on the part of the companies (in case they do not want to participate in a collaborative test with CSE) should be to reveal the right levels of contents on the package. It wouldn’t be right for them to stick to their claims that their products have permissible levels of dangerous elements (as allowed by the Food Safety and Standards Authority of India, FSSAI). But the question is – in the past decade, if two of CSE lab reports couldn’t affect the cola-vending machines of two multinationals, what will happen with one report involving about 6 multinationals?
At the end of the day, the companies will deliver what they will till the time the consumer is the king. And they should, but ethically. [Isn’t poison and sleeping pills sold in the market?] Remember, when you’re ordering a bottle of Coca-Cola, you know it’s unhealthy. And given the rate at which India is getting educated, am pretty sure, every college-goer knows that a burger or a packet of chips isn’t healthy food either, irrespective of the claims made in TV commercials or by the healthy brand ambassadors!
For the accused MNCs, it’s time they turn to ethical advertising and strategy of selling their products. This way, neither will their noodles or wafer lovers run away and nor will their revenues take a dip! When was the last time you read the content of that chip or noodle packet, or asked for the chemical content of that burger or cola? Your answer, answers it all!
Hotels, restaurants to go on three-day strike from Apr 9
INDORE: After jewellers, it is now the turn of hotels, restaurants and groceries in the state to go on strike. The MP Food Manuifacturers and Retailers' Association will launch a three-day state wide strike from Monday to protest against the Food Safety and Standards Authority of India Act, 2006 that came into effect from August last year.
The Act that is being termed 'draconian' by the association will affect about 8400 traders in Indore and 60,000 across the state.
The Food Safety Administration (FSA) has already issued advisory to all the traders to comply with the norms. Negligence or violation of the provisions of the Act could land a trader six months imprisonment and/or Rs five lakh fine.
The Act makes it mandatory for traders to appoint a consultant, qualified not less than BSc, to monitor their activities and certify that their establishments were abiding by the norms as set by the Act.
There are more than 45 various associations of traders that are participating in the strike. Besides, they claim to have participation of malls and retailer chains too, including Reliance Fresh, Big Bazar and Easy Day. Even milkfood retailers and pan masala vendors have also joined the move.
Talking to ToI, Vikas Jain, general secretary, MP Food Products Manufacturers & Sellers' Association, said "We will march to the Parliament on April 24 if the government fails to act on our demands".
Jain claimed that the strike was getting active support from their counterparts in states like Gujarat, Maharashtra and Rajasthan. "We are already in touch with them", he added.
Rajkumar Gupta of Prakash Namkeen, said that on a daily basis, we sell salted food items to the tune of 10-20 tons in Indore alone with a daily turnover of Rs 10 crore. This would be affected by the strike.
While the chemists are also with us, they have promised to keep their shutters down for a day keeping in view the urgency of the need of life saving drugs, said Gupta.
Hotels in the city are learnt to have stopped fresh bookings of guests for the next three days. Only those who had booked for advanced stay will be able to stay in the hotels, said a source.
The MP Food and Manufacturers & Retailers Association held a meeting at Gandhi Auditorium in Indore on Saturday evening in which several traders took part by staging slogans against the Act and spotting a black ribbon on their arms in protest against the law.
Meanwhile, a heavy rush was seen at the grocery shops as people have started stocking provisions.
Milk vendors also join
Milk and food retailers too have also joined the bandwagon by joining the strike. Ashish Patodi, executive member of Indore Milk Sellers' Federation, said that on an average a milk vendor is able to sell milk products to the tune of 100-200 litre per day. So, it is impossible for them to abide by the norms which requires them to produce safety certificate every now and then to the competent authorities. Again, it is quite difficult for us to appoint a consultant, who will be a science graduate and who will provide us certificate for the product. Tell me who will be ready to do such job after getting qualified? he asked.
The Act that is being termed 'draconian' by the association will affect about 8400 traders in Indore and 60,000 across the state.
The Food Safety Administration (FSA) has already issued advisory to all the traders to comply with the norms. Negligence or violation of the provisions of the Act could land a trader six months imprisonment and/or Rs five lakh fine.
The Act makes it mandatory for traders to appoint a consultant, qualified not less than BSc, to monitor their activities and certify that their establishments were abiding by the norms as set by the Act.
There are more than 45 various associations of traders that are participating in the strike. Besides, they claim to have participation of malls and retailer chains too, including Reliance Fresh, Big Bazar and Easy Day. Even milkfood retailers and pan masala vendors have also joined the move.
Talking to ToI, Vikas Jain, general secretary, MP Food Products Manufacturers & Sellers' Association, said "We will march to the Parliament on April 24 if the government fails to act on our demands".
Jain claimed that the strike was getting active support from their counterparts in states like Gujarat, Maharashtra and Rajasthan. "We are already in touch with them", he added.
Rajkumar Gupta of Prakash Namkeen, said that on a daily basis, we sell salted food items to the tune of 10-20 tons in Indore alone with a daily turnover of Rs 10 crore. This would be affected by the strike.
While the chemists are also with us, they have promised to keep their shutters down for a day keeping in view the urgency of the need of life saving drugs, said Gupta.
Hotels in the city are learnt to have stopped fresh bookings of guests for the next three days. Only those who had booked for advanced stay will be able to stay in the hotels, said a source.
The MP Food and Manufacturers & Retailers Association held a meeting at Gandhi Auditorium in Indore on Saturday evening in which several traders took part by staging slogans against the Act and spotting a black ribbon on their arms in protest against the law.
Meanwhile, a heavy rush was seen at the grocery shops as people have started stocking provisions.
Milk vendors also join
Milk and food retailers too have also joined the bandwagon by joining the strike. Ashish Patodi, executive member of Indore Milk Sellers' Federation, said that on an average a milk vendor is able to sell milk products to the tune of 100-200 litre per day. So, it is impossible for them to abide by the norms which requires them to produce safety certificate every now and then to the competent authorities. Again, it is quite difficult for us to appoint a consultant, who will be a science graduate and who will provide us certificate for the product. Tell me who will be ready to do such job after getting qualified? he asked.
City merchants upset with hike in food licence fee
THIRUVANANTHAPURAM: The merchants in the city are contemplating protest over the steep rise in the food licence fee. The union government has recently decided to increase the licence fee from Rs 12 to 2000 with effect from March. "The government should reconsider the decision to increase the fee by manifolds. It is going to affect us very badly," said Mohammad Sidhique, a shopkeeper based in Chalai.
Till last year the merchants used to get their food license by paying Rs 12 at the corporation. The rate for shops coming under municipalities and panchayats were Rs 6. From this year a shopkeeper with an annual turn over of Rs 12 lakh and less will have to pay Rs 100 to get the licence.
The authorities say that the decision was not sudden and that widespread awareness campaigns were organized for the shopkeepers. "This is an implementation of Food Safety and Standards Act 2006, which officially came into force in August 2011. It is a central government decision and we cannot do anything to alter it," said S Usha Rani, designated officer, district food safety commissionerate. Meanwhile, the merchants have approached the state government. "The government has assured us that we should pay only Rs 100 as of now and have asked us to wait till a favourable decision is reached. We are ready to wait, but if the government fails to keep the promise we will launch intense protests," said Peringamala Ramachandran, district president, vyapari vyavasayi ekopana samithi.
Till last year the merchants used to get their food license by paying Rs 12 at the corporation. The rate for shops coming under municipalities and panchayats were Rs 6. From this year a shopkeeper with an annual turn over of Rs 12 lakh and less will have to pay Rs 100 to get the licence.
The authorities say that the decision was not sudden and that widespread awareness campaigns were organized for the shopkeepers. "This is an implementation of Food Safety and Standards Act 2006, which officially came into force in August 2011. It is a central government decision and we cannot do anything to alter it," said S Usha Rani, designated officer, district food safety commissionerate. Meanwhile, the merchants have approached the state government. "The government has assured us that we should pay only Rs 100 as of now and have asked us to wait till a favourable decision is reached. We are ready to wait, but if the government fails to keep the promise we will launch intense protests," said Peringamala Ramachandran, district president, vyapari vyavasayi ekopana samithi.
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