FSSAI ANNUAL REPORT 2015-16

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HUL vs Amul: Bombay HC suggests changes in Amul ice-cream ads

Bombay HC has suggested Amul ice-cream change the way frozen desserts are visually depicted in all their ads from a semi-solid to liquid oil

Mumbai: In the ongoing hearing on Hindustan Unilever’s (HUL) plea against Gujarat Co-operative Milk Marketing Federation (GCMMF) in the Bombay high court, Justice S.J. Kathawalla suggested changes that could be made to Amul ice-cream ads in an attempt to reach a compromise.

The judge suggested that the makers of Amul ice-cream change the wording in their TVC’s voiceover and change the way frozen desserts are visually depicted in all their ads from a semi-solid to liquid oil.

HUL has sued GCMMF over its advertisements that supposedly emphasizes the difference between ice-creams and frozen desserts, saying it has harmed the Kwality Walls brand.

“Can the problem be solved with saying “vanaspati tel yaani vegetable oil” (vanaspati tel meaning vegetable oil) in the voiceover?” Kathawalla asked. “And you can show oil flowing into the cup (of frozen dessert in the ads)”, he said.

GCMMF’s counsel Ravi Kadam said he would put it to Amul to consider the first suggestion. However, HUL’s counsel Birendra Saraf, raised further objections, saying he would be satisfied after they have a look at the modified ad.

Kadam also laid out his defence against HUL’s suit, saying it was the multinational company’s burden to prove that consumers would be misled by the words “vanaspati tel” in Amul’s advertisements.

“The dictionary and Google both show that vegetable oil translates to vanaspati tel”, Kadam argued. “The public understands this equivalent and the dictionary shows what the public understands. The burden of proof is on HUL to show that the public does not understand (this translation).”

Further, Kadam argued that since 30% of frozen dessert makers in India use hydrogenated vegetable oil in manufacturing, the ads that refer to a generic frozen dessert cup do not denigrate an entire category.

HUL has accused Amul of disparaging frozen desserts and its product Kwality Walls by trying to imply that these are made with vanaspati or hydrogenated vegetable oil. HUL argued that since Kwality Walls is made from vegetable fats and not hydrogenated oil, and is a market leader in frozen desserts, its product is “disparaged” by Amul ads.

As per regulator Food Safety and Standards Authority of India (FSSAI) regulations, ice-creams made without milk fat are to label themselves frozen desserts. Amul, made from milk fat, is legally called ice-cream under these rules.

GCMMF Managing Director R.S. Sodhi declined to comment, saying he was not aware of the proceedings. When contacted, an HUL spokesperson said, “As the matter is subjudice, we have no comments to offer.”

The matter has been adjourned to Thursday, 13 April.

Hottest question this summer - are you eating ice-cream or frozen dessert?

The heated ice-cream battle. But what is the real deal?

Who cares? Yes, that's what most people would say but FSSAI does care. In 2011, the Food Safety and Standards Authority of India (FSSAI) came with a directive for food companies that made it mandatory for them to tell the consumers what exactly they were eating. The authority decided that only products made with milk fat could be called ice cream; the rest, made with edible vegetable oil or palm oil, along with milk solids, had to be sold as 'frozen desserts'.

Now, this has led to an ugly war between two of the country’s biggest packaged food companies, Hindustan Unilever (HUL) and Amul, battling it out in court. HUL sells the Kwality Wall’s brand, and like most ice-cream manufacturers, they also use vegetable oil as a smoothening agent for their products, along with other milk solids. 

Vegetable oil helps reduce production costs because it is cheaper than dairy fat. But the FSSAI said that products made with pure milk fat were richer and healthier than their oil-based counterparts. Amul, played smart and came out with an advertisement calling its products - real milk, real ice-cream. This has obviously upset the other brands like Kwality, Vadilal, etc. They are crying foul over the ad and they have taken Amul to court over it. 

In a statement to TOI, an HUL company spokesperson, said: "Amul has been airing a misleading television commercial since March 2017. This advertisement makes factually incorrect statements creating apprehensions among consumers of frozen desserts. The advertisement makes incorrect claims about the usage of 'vanaspati/vanaspati-tel' in frozen dessert products. We wish to clarify that Kwality Wall's range of 'frozen desserts' do not contain Vanaspati. In fact, Kwality Wall's range of frozen desserts contain milk/milk solids like ice creams. The only difference is that frozen desserts use vegetable fat instead of dairy fat, which actually makes them healthier as they have lower saturated fat and do not have cholesterol."

While Amul is 'educating' consumers on the pros of having milk-based ice-cream, on the other hand, HUL has put up on its website the benefits of vegetable fat as opposed to milk fat. The matter is sub-judice now, as reported by Quartz website. It remains to be seen who wins the heated cold war.

TTD kitchen must get licence: FSSAI

Direction to licensing body comes after RTI plea on laddu

The Food Safety and Standards Authority of India (FSSAI) has written to the Central Licensing Authority in Chennai to inspect the ‘pottu’ in the Tirumala Tirupati Devasthanam (TTD) in Andhra Pradesh where the laddu is prepared, and directed it to obtain a central licence to run the kitchen.

Last October, following an RTI application by Bengaluru-based activist T. Narasimhamurthy, the director of the food safety management system had insisted that the TTD obtain a food safety licence like any other Food Business Operator for the famed Tirupati laddu. But there was no response, said Mr. Narasimhamurthy.

In December 2016, he sent a letter to the Director, Institute of Preventive Medicine, Andhra Pradesh, seeking the prosecution of TTD officials under Section 62 (obstructing food safety officer) and 63 (punishment for carrying out business without a licence). “As there was no proper response, I sent a legal notice to the institute of Preventive Medicine on March 18, 2017. In response to this, the FSSAI sent me a letter updating me on the action taken,” he said.

In the FSSAI letter, dated March 29, 2017 Prabhat Kumar Mishra, assistant director (regulatory compliance), FSSAI, has directed its central licensing wing to carry out inspection and direct the temple administration to obtain the license under the provision of Food Safety and Standards Act, 2006. Speaking toThe Hindu , M. Kannan, deputy director, central licensing authority, Chennai, said he had already sent a letter to the TTD ten days ago asking them time to inspect the kitchen. “They haven’t replied till date. We will wait for five more days or will inspect the premises as per law,” he said.
Legal notice
“As there was no proper response, I sent a legal notice to the institute of Preventive Medicine on March 18, 2017. In response, the FSSAI sent me a letter updating me on the action taken,” he said.

Indian food regulator, FSSAI looks at America for global standards

Food regulator FSSAI today said it has entered into an agreement with US-based Decernis Ltd which will enable it to access various international regulations.

With this tie up, the Food Safety and Standard Authority of India (FSSAI) would get access to database of over 70,000 standards for food additives, food standards, food contact and contaminants from over 170 countries.

“Under this agreement, Decernis would facilitate access to various international regulations through a user-friendly online platform,” the regulator said in a statement.

It would also enable the scientific panels of the regulator in understanding the global standards and benchmarking Indian regulation to those norms.

The database will also be of immense help in the risk assessment.

Under the pact, FSSAI will share with the American company its notices of new draft and final regulations.

FSSAI CEO Pawan Agarwal said, “As per the good regulatory practices, international practices are required to be taken into account while framing the national standards or guidelines.”

FSSAI to get flavour of global food standards

NEW DELHI, APRIL 12: 

The Food Safety and Standards Authority of India (FSSAI) has entered into an agreement with US-based Decernis Ltd, which will allow it to have access to a database of international food regulations through an online platform.

In a statement, it said this agreement will give access to database of over 70,000 standards for food additives, food standards and food contaminants from over 170 countries.

Pawan Agarwal, CEO, FSSAI, said that as per the good regulatory practices, the authority needs to take international practices in account, while framing national standards and guidelines. “This module will help FSSAI in accessing various regulations and practices which are followed globally,” he added. Agarwal said that access to international regulations will enable scientific panels in understanding global standards and also benchmarking Indian regulations to international standards, besides help in risk assessment.

Under the agreement, Decernis will also integrate Indian draft and final standards into its systems to improve the understanding and compliance of users.

“FSSAI will also assist in occasional client questions regarding the regulations of food standards, food additives, food contact substances, contaminants and pesticide residues,” the statement added. The regulator said that food compliance across countries, languages and cultures can be complex and this co-operation represents another step toward improving global food safety.

Substandard Food to Jawans Deployed at Borders

As per information received from Forces, mechanism to check quality of food being served to jawans is in place. Forces (CAPFs) while deployed under Ops Control of Army procure ration as per defence food specification/Food Safety and Standards Authority of India (FSSAI). Also, some Forces like Assam Rifles is reported to have engaged nutritionist to prepare a standard menu based on calorific requirements of troops. In Forces, Unit Medical Officer/Duty officer/Senior officers check food for its nutritious value and quality during their visits. Monthly mess meeting is carried out to look into grievances and further improvements in the quality of food. In addition, this Ministry has also advised the forces that the senior officers may also partake the food prepared for jawans and endorse a note on the quality/quantity of food in inspection register. 

This was stated by the Minister of State for Home Affairs, Shri Kiren Rijiju in a written reply to question by Shri Lal Sinh Vadodia in the Rajya Sabha today.