Mumbai/New Delhi: Food regulator tells companies to back claims on products with scientific proof or face action
FMCG firms that make tall claims to embellish their brands
will now have to back such promotional assertions with scientific proof
or temper the tone.
This is because the government is planning to tighten the noose
around firms that have been making exaggerated claims in their
ad-campaigns. The food regulator — Food Safety and Standards Authority
of India — has sent notices to leading companies such as Hindustan
Unilever, Britannia Industries, Marico, GSK Consumer Healthcare, Heinz
India, Dabur India, Emami Biotech, Kelloggs India, Cadbury India —
accusing them of making inflated claims about their products.
These, the regulator feels, violates law (section 24 of FSS Act).
It has also begun prosecution proceedings against select companies in
this matter.
For instance, HUL has been pulled up by the government for
claiming that its product Kissan creamy spread has ‘three times more
essential nutrients than sadharan butter’.
Also under scanner are Britannia Vita Marie for claims such as
‘heart-friendly’ and ‘helps reduce cholesterol’ and Britannia
Nutrichoice biscuits for declarations of ‘no added sugar’, ‘complex
carbohydrates’ and ‘diabetics- friendly’.
Similarly, GSK Consumer Healthcare, the government has alleged,
violates law by a ‘misleading’ claim’ on its product Boost that it
‘provides three times more stamina than ‘sadharan chocolate drink’,
adding that the producer (GSK) has not submitted any specific study on
this product to substantiate its claims.
Another flagship GSK product, Horlicks, has also been red-marked
by the government which states that a claim that the product makes
children ‘taller, stronger and sharper’ is deceptive.
GSK Healthcare has played down the charge. The firm said it had
responded to the notice with all the required studies and excerpts of
their published research for both brands.
“Since then, there was no further correspondence from the FSSAI
on the subject. In case we receive any communication on substantiation
of our claims, we will respond as appropriate. All our claims are in
compliance with the existing laws and we shall cooperate with the
authorities is this matter,” a GSK spokesperson said.
Hienz India’s Complan, Marico’s Saffolla, Cadbury’s Bournvita
Little Champs, Dabur India’s Real Active Fibre, Amway India’s Nutrilite
are some of the other products facing the flak.
Ad professionals and media planners FE spoke to feel that ad
agencies and companies should exercise self-regulation and not go
overboard with promotional claims. Subhash Kamath , managing partner,
BBH India said, “I strongly believe that ad agencies should practice
self regulation. With great creative power comes great responsibility.
In an attempt to be persuasive, ad agencies sometimes cross the line.
There's nothing wrong in exaggeration for entertainment but the agencies
should not cross boundaries.”
Sam Balsara, chairman of Madison World, said ideally the
government should act on these matters in consultation with Advertising
Standards Council of India, an industry-appointed watchdog. “I think if
the government demands, companies will comply with it,” Balsara added.
A Britannia spokesperson said, “All claims on our products are
backed by research and scientific evidence and meet stringent quality
standards at all times. We will continue to provide relevant, reliable
and distinctive options to satisfy the needs of our consumers".
A Dabur spokesperon responded on similar lines."We have
submitted to FSSAI all the necessary documents and scientific papers to
support our claims., We wouldn't be able to comment further as the
matter is subjudice" he said.
“These directives will certainly impact the concerned media
agencies and FMCG companies. From creating the concept to execution of
ads, companies work with ad agencies and media planners for a long
time. Needless to mention about the money spent. After chalking out long
term media plans, it is very difficult to revise them," said a media
planner from a leading media agency.
Not every one agreed. Some ad-makers actually think this flutter
created by the government could prompt many brands to revisit their
strategies, which could translate into more work for the ad-world.
Prahlad Kakar, noted ad film maker said, “If the companies need
to rework on banned ads, agencies (advertisement) will get more money.
As for these FMCG companies, they will have to first make representation
to the government”.
“We ensure that all our brand communication messages are based on
well-established facts, consumer relevant information and that our
advertising claims are supported by globally accepted norms and
scientific studies. With regard to our advertisements, we have
appropriately responded to all notices and currently there are no
notices pending against us, ” said Mohan V, director, corporate &
legal affairs, Heinz.
Companies such as HUL, Marico, Cadbury had not responded to FE queries till the paper went to press.
Dec 3, 2012
Food Safety Rules and Regulation Online Registration - Food Safety
Training Programmes Description
One Day Programme on
Food Safety Standard Rules and Regulations 2011
Darjeeling
Confederations of Indian Industry ( CII ) in association with Food Safety and Standards Authority of India, New Delhi will organise programmes on Food Safety Standard Rules and Regulations 2011, in 11 states (WB, Bihar, Orissa, Madhya Pradesh, Uttar Pradesh, Assam, Meghalaya, Mizoram, Manipur, Tripura and Nagaland ) covering about 30 towns before Feb 4 , 2013. The program would comprise of a half day workshop and a half day on line Licensing / Registration procedure for 'on the spot' application for licensing / registration.
As per the Act 2006, Food Business Operators in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this act, rules and regulations made there under and are held responsible for the supply of safe food to the consumers. Every food business operator shall ensure that the articles of food satisfy the requirements of this act, and the rules made there under at all the stages of production, processing, import, distribution and sale within business under his control as per section 26 (1) of FSS Act 2006. Also, the petty food manufacturer shall follow the basic hygiene and safety requirement, provided in part 1 of schedule 4 of the regulations.
Non compliant FBOs would be penalised as per the stipulated graded penalties covered under the Act.
Objective of the workshop:
1. To provide an overview on Food safety and Regulations under FSS Act 2006 with the aim of generating awareness and increasing compliance among FBOs.
2. To make the FBO's aware about basic concepts of food safety and hygiene with as GHP, GMP etc.
3. To make them aware about the importance and procedure of registration and licensing
4. To facilitate on the spot licensing and registration for the FBOs.
Expected outcome of the workshop
• Imparting Awareness to FBO's on FSS Regulations, especially those related to registration and licensing for retail, catering and all others.
• Educating the unorganised players on best practices – includes Good Hygiene Practices and Good Manufacturing Practices.
• Legal issues related to sampling and inspection and way to overcome them.
• Facilitating on the spot Licensing and Registration.
Food Safety Standard Rules and Regulations 2011
Darjeeling
Confederations of Indian Industry ( CII ) in association with Food Safety and Standards Authority of India, New Delhi will organise programmes on Food Safety Standard Rules and Regulations 2011, in 11 states (WB, Bihar, Orissa, Madhya Pradesh, Uttar Pradesh, Assam, Meghalaya, Mizoram, Manipur, Tripura and Nagaland ) covering about 30 towns before Feb 4 , 2013. The program would comprise of a half day workshop and a half day on line Licensing / Registration procedure for 'on the spot' application for licensing / registration.
As per the Act 2006, Food Business Operators in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this act, rules and regulations made there under and are held responsible for the supply of safe food to the consumers. Every food business operator shall ensure that the articles of food satisfy the requirements of this act, and the rules made there under at all the stages of production, processing, import, distribution and sale within business under his control as per section 26 (1) of FSS Act 2006. Also, the petty food manufacturer shall follow the basic hygiene and safety requirement, provided in part 1 of schedule 4 of the regulations.
Non compliant FBOs would be penalised as per the stipulated graded penalties covered under the Act.
Objective of the workshop:
1. To provide an overview on Food safety and Regulations under FSS Act 2006 with the aim of generating awareness and increasing compliance among FBOs.
2. To make the FBO's aware about basic concepts of food safety and hygiene with as GHP, GMP etc.
3. To make them aware about the importance and procedure of registration and licensing
4. To facilitate on the spot licensing and registration for the FBOs.
Expected outcome of the workshop
• Imparting Awareness to FBO's on FSS Regulations, especially those related to registration and licensing for retail, catering and all others.
• Educating the unorganised players on best practices – includes Good Hygiene Practices and Good Manufacturing Practices.
• Legal issues related to sampling and inspection and way to overcome them.
• Facilitating on the spot Licensing and Registration.
Date and Venue
Start Date:Dec 13, 2012
Venue: Bhanu Bhawan, Conference hall, Mall Road, Darjeeling, Darjeeling, Darjeeling, West Bengal, India
Newer norms make operators' licences must for restaurants
CHENNAI: Restaurants,
dealing with the rising cost of essential commodities, manpower and
rent, are now looking at obtaining a food business operator's license as
well.
The Food Safety and Standards Authority of India has made it mandatory for food businesses with a turnover of more than 12 lakh a year to obtain the licence for a fee of 2,000. The licence is required for food manufacturers, packers, wholesalers and distributors and the deadline is February 4, 2013.
However, officials are not yet sure about the rules and regulations. Officials at the food and safety department said, "We have no information on the new rules set by the Food Safety and Standards Authority of India. Our job is to grant food licenses and check whether regulations are being followed. There is no clarity on the new licence agreement yet."
Hoteliers said the norms were too stringent. R Srinivasan, secretary, Tamil Nadu Hotels Association, said, "We have given representations to the government saying that the regulations under the Food Safety and Standards Authority need to be amended if the rules are to be enforced. The regulations relate to food standards of 1954. Much has changed in the last 58 years. If those standards are to be followed, 50% of the commodities cannot be sold in the country."
A Marudupandiyan, director, Anjappar chain of restaurants, said, "There is no clarity on the new regulations. A number of amendments are required before the new licensing regulation can be followed. The standards set are very high and I don't think any hotelier can follow them, considering the kinds of raw materials available these days."
Srinivasan said, "Earlier the quality of rice was superior but now so many fertilizers are used on crops. The standards have dipped. The government should take this into account before formulating the norms."
A few small hoteliers who did not wish to be named said about 600 officials have been appointed by the Food and Safety Standards Authority of India to implement the new regimes. They were worried that they would not be able to meet the stringent norms and would have to pay bribes to get licenses.
The Food Safety and Standards Authority of India has made it mandatory for food businesses with a turnover of more than 12 lakh a year to obtain the licence for a fee of 2,000. The licence is required for food manufacturers, packers, wholesalers and distributors and the deadline is February 4, 2013.
However, officials are not yet sure about the rules and regulations. Officials at the food and safety department said, "We have no information on the new rules set by the Food Safety and Standards Authority of India. Our job is to grant food licenses and check whether regulations are being followed. There is no clarity on the new licence agreement yet."
Hoteliers said the norms were too stringent. R Srinivasan, secretary, Tamil Nadu Hotels Association, said, "We have given representations to the government saying that the regulations under the Food Safety and Standards Authority need to be amended if the rules are to be enforced. The regulations relate to food standards of 1954. Much has changed in the last 58 years. If those standards are to be followed, 50% of the commodities cannot be sold in the country."
A Marudupandiyan, director, Anjappar chain of restaurants, said, "There is no clarity on the new regulations. A number of amendments are required before the new licensing regulation can be followed. The standards set are very high and I don't think any hotelier can follow them, considering the kinds of raw materials available these days."
Srinivasan said, "Earlier the quality of rice was superior but now so many fertilizers are used on crops. The standards have dipped. The government should take this into account before formulating the norms."
A few small hoteliers who did not wish to be named said about 600 officials have been appointed by the Food and Safety Standards Authority of India to implement the new regimes. They were worried that they would not be able to meet the stringent norms and would have to pay bribes to get licenses.
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