Shelf to street, scanner on daily habits

New Delhi, Nov. 26: India's food regulatory agency has indicted several household brands, including Britannia biscuits, Horlicks health drinks and Kellogg's breakfast cereals, for what it says are misleading claims about some of their food products.

The Union government informed Parliament today that the health ministry's Food Safety and Standards Authority of India (FSSAI) has initiated prosecution in 19 cases where companies have been charged with making misleading claims about their food products in either labels or advertisements.

The authority has also sent notices in 19 other cases in which various companies appear to have either made false or dubious claims or released misleading advertisements about their food products, the information and broadcasting ministry said in a statement laid in the Rajya Sabha.

Several of the complaints had been reported earlier but they have now been put in the public domain through the official statement in the House.

The FSSAI is expected to first send notices to companies that it believes have violated rules and wait for their responses before initiating prosecution. During the hearings, both sides ' the FSSAI and the company ' would have opportunities to argue their cases. The 19 prosecution cases were all filed earlier this year and most hearings are yet to begin.

The country's food standards laws impose certain restrictions on nutritional and health claims on labels and in advertisements to ensure that products are not mislabelled or promoted through exaggerated claims.
The safety watchdog is prosecuting manufacturers of several children's health drinks, including Complan Memory, Boost, Horlicks and Bournvita Little Champs, for what it says are "violations" of food regulations.
The agency said Complan Memory, produced by Heinz India, comes with a declaration that it contains "memory chargers" and the product label shows pictures of students with books which, the FSSAI said, "will mislead the public" into assuming that the drink will improve children's performance in studies.
Last year, Jay Karan, a pharmacologist at the Government Medical College in Surat, had written in the journal Indian Pediatrics that the claims relating to the growth of children made by the makers of Complan were "exaggerated".

The food regulator has also objected to GlaxoSmithKline Consumer Healthcare's claim that its drink called Boost "provides three times more stamina than sadharan chocolate drink". The FSSAI said this claim was misleading and the producer had not submitted a specific study on this product to substantiate this claim.

The FSSAI has said that GlaxoSmithKline's claim that Horlicks helps children become "taller, stronger, and sharper", is "misleading and deceptive in nature".

The agency has described the claim made by Kellogg that people who eat low-fat breakfast like its Special K cereals tend to be slimmer than those who don't as "misleading and deceptive".

An expert in human nutrition said that while children's health drinks are designed to deliver concentrated levels of nutrients, they typically do not contain the mix of fibre and range of nutrients available from wholesome food.

"The labels always show what a product contains, not what is missing," said R. Hemlatha, a senior scientist at the National Institute of Nutrition in Hyderabad.

Wholesome food, Hemlatha said, is available through a standard mix of cereals, pulses, vegetables and fruits.
The FSSAI is also prosecuting the producers of two brands of edible oil ' Saffola and Engine Mustard Oil ' for what it says are misleading claims in advertisements.
"A claim about a food product needs to be clinically proven, supported by research published in peer-reviewed scientific or medical journals," said Kamala Krishnaswamy, former director of the National Institute of Nutrition, Hyderabad.

The FSSAI has also indicted Abbott India for what it says is the company's misleading claim that its product, Pediasure, "helps in a child's growth and development".

Directives for food safety during Hornbill Festival

Dimapur, November 27 (MExN): Health & Family Welfare Department Kohima prohibit the preparation, sale, exposure for sale of unsafe food items, including imported foods during the annual weeklong celebration of Hornbill Festival at the Heritage Village (Kisama) and the State Capital Town scheduled from December 1 to 7, 2012.
This was stated in a press release issued by Directorate of Health & Family Welfare, Addl. Food Safety Commissioner, RF Lotha, in exercise of the powers conferred under section 30 of Food Safety and Standards Act, 2006 (FSSA) and in pursuance of Schedule 4(A) of Food Safety Regulations, 2011 the Commissioner and Secretary-cum-Commissioner of Food Safety to the Government of Nagaland.
Furthers, owners of hotels & restaurants at Kohima town, food and tea stalls at Kisama and street food vendors are directed to follow the given guidelines:
1.    Utensils for preparing and serving food items should be kept in clean, sanitized conditions free from contaminant, dirt and dust.
2.    Utensils containing food items intended for sale should have tight fitting lids / cover, free from the activity of insects and rodents.
3.    Fast food / fast perishable food items (Meat, poultry, fish products, ethnic food items) are to be stored at a temperature of 60˚C or kept frozen at 5˚C or below.
4.    Overnight perishable food items / fatty foods should not be reprocessed or sold.
5.    Kitchen and eating places should be kept clean and in hygienic conditions: free from pest and rodents.
6.    Ensure that workers should wear clean and proper clothing, apron, hand gloves ect.
7.    Ensure that workers do not have infectious disease, open sores, cut ect.
8.    Ensure that no smoking, chewing tobacco, pan masala, splitting ect in food preparation and serving place.
9.    Provide toilets separately.
10. Avoid foul smell in toilet and surrounding area.
11. To clean toilets regularly with proper disinfection.
12. Packaged drinking water or only filtered drinking water should be provided.
13. Baked / Packaged food items should be properly labeled ie, with date of manufactured, best before, place of productions and ingredients added.
14. Serve food in clean and intact utensils or use disposal plates, cup ect.
15. Serve hot foods hot, cold foods cold.
16. Use separate waste bins for bio degradable and non-degradable.
The general public is also requested to check the label and quality properly before purchase. Non-compliance to this notification would be an offence punishable and penalized under section 55 of FSS Act, 2006.

Ban on Gutkha

The Food Safety and Standards Act, 2006 was enacted with the objective of ensuring availability of safe and wholesome food for human consumption. This Act, as well as the earlier Prevention of Food Adulteration Act 1954, gives a wide definition of ‘food’ and includes therein any article/substance which is intended for human consumption.The Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 dated 1st August 2011, issued under the Food Safety and Standards Act, 2006, lays down that tobacco and nicotine shall not be used as ingredients in any food products. The Hon`ble Supreme Court in Godawat Pan Masala Vs UOI, 2004 (7) SCC 68 has also held that “Since pan masala, gutka or supari are eaten for taste and nourishment, they are all food within the meaning of Section 2(v) of the (Prevention of Food Adulteration) Act.” As such, by virtue of the regulation dated 1st August 2011 issued under the Food Safety and Standards Act, 2006, read with the judgement of the Hon’ble Supreme Court on the issue, Gutkha products are food products containing tobacco and nicotine and their manufacture, sale or storage is not permitted under law. By virtue of the same regulation, Pan Masala, if it contains tobacco and nicotine, cannot be manufactured or sold. Enforcement of this regulation, however, lies with the Commissioners of Food Safety under the state govenments, as per the provisions of Food Safety & Standards Act 2006.

Ministry of Health and Family Welfare has been regularly sending advisories to the states to implement and enforce the said regulation. The state governments which have so far issued orders/notification to enforce implementation of the ban in accordance with the above regulation are Madhya Pradesh, Kerala, Bihar, Rajasthan, Maharashtra, Gujarat, Haryana, Chhatisgarh, Jharkhand, Mizoram, Delhi, Uttar Pradesh, Uttarakhand, Himachal Pradesh, Chandigarh and Punjab. In addition, Goa has enforced the ban through its State Public Health Act.

There is no question of compromising with the life of millions of people. This Ministry has repeatedly advocated with the state governments to strictly implement the ban onGutkha in letter and spirit. Further, the Ministry has also brought to the notice of the state governments the judgements of the Hon’ble Allahabad High Court in the cases of M/s. KhedalLal& Sons Vs. State of U.P. FAC 1981 (1) 262, and ManoharLalVs State of U.P. Criminal Revision No.318 of 1982, wherein the High Court have held that Chewing tobacco is a food article. In view of this, and the regulation dated 1st August 2011 issued under the Food Safety and Standards Act, 2006, this Ministry has again written to the state governments to consider examining the issue for banning the sale of gutkha, pan masala, zarda or other chewable products having tobacco and nicotine, with immediate effect.

The Ministry is also trying to generate public awareness through media and outdoor campaigns.

This information was given by Minister for Health & Family Welfare Shri Ghulam Nabi Azad in written reply to a question in the Rajya Sabha today.

Advisory on Iron Fillings in TEA

20 of 100 Diwali sweets fail test

LUDHIANA: Some of the sweet shop owners in the city who have been selling adulterated and substandard sweets during Diwali have come under the scanner of health authorities and may face prosecution soon.

Of the 100 sweet samples collected by the health authorities around Diwali, 20 have failed the test carried under Food Safety and Standard Act. What has got the health authorities worried is that of them, six have been found to be unsafe for human consumption.

"As per procedure, the sweet shop owners are being given one month's time to challenge the sample report in a referral laboratory, from where the report will come within 15 days. After that, we will start seeking prosecution of offenders in accordance to the relevant provisions," said Ravinder Garg, the food safety officer. The samples were collected from last week of October to November 9 and have been found to be either sub-standard or misbranded.

Regulator cracks down on food products

Parents continued to be swayed by health drink commercials that promise to make their children taller and healthier but 19 such products including Horlicks, Bournvita and Complan are facing prosecution in different States with the Food Safety and Standards Authority of India (FSSAI) finding them “misleading and deceptive”.

‘Maggie Multi-grainz Noodles’, which comes with claims of nutritional benefits, and Saffola cooking oil that promises “healthy heart” too have not been spared.

The food regulatory authority has issued notices to the producers in case of 19 such food items allegedly for making false and misleading claims in their advertisements. Two cases have been filed against the advertisements of ‘Horlicks’ and ‘Boost’, produced by Glaxo Smithkline Consumer Healthcare Limited, before Additional Deputy Commissioner, Gurgaon for violation of the Food Safety and Standard Act.

While the advertisement for Boost claims that it provides three times more stamina than an ordinary chocolate drink, its producer has not come up with any specific study on the product that could substantiate its claims, the government informed the Lok Sabha on Monday.

The claims by Heinz India Private Limited about its products—‘Complan’ and ‘Complan Memory’—in their advertisements have also been found misleading and in contravention with Food Safety and Standard Act. Separate cases have been filed against the two products by the authorities in Mumbai.

A claim made by Abott India Limited about its product Pediasure that its consumption helps in child’s growth has also came in question.

Its producer is facing a case under Food Safety and Standard Act in Mumbai since July 6 this year. Prosecution has been initiated against the advertisement of Kellogs Special K, manufactured by Kelloggs India, in Mumbai allegedly for making a “deceptive” claim that those consuming the product would become slimmer than those who do not. Authorities have brought the company’s another product—‘Kelloggs Extra Museli’—into the dock in Mumbai allegedly for using a “misleading” label on its pack that tend to show the product containing a number of fruits.

The claims by ‘Today Premium Tea’ has also drawn flak from the authorities, who have filed a case against the company in Delhi allegedly for misleading the consumers.