Nov 23, 2019
Food regulator slaps notice on McDonald's for 'irresponsible advertising'
- FSSAI is committed to ensure the availability of safe and wholesome food for all citizens
- FSSAI is also in the process of finalizing regulations to ensure safe and wholesome food for school children
Creative advertising by McDonald’s has landed it in trouble. The apex food regulator Food Safety and Standards Authority of India (FSSAI) on Friday issued show cause notices to McDonald’s for contravening the provisions of Food Safety and Standards (Advertising and Claims) Regulations, 2018.
Taking cognizance of a full page advertisement by McDonald's in New Delhi and Mumbai newspapers that said “Stuck with Ghiya-Tori Again? Make the 1+1 Combo you love", the central licensing authority and FSSAI’s designated officer at New Delhi and Mumbai issued the notices saying as to why further action should not be initiated against McDonald's for this.
“The food companies must desist from issuing advertisements/publicity materials which are in violation of Food Safety & Standards Act, 2006 and rules/regulations made there under. The FSSAI is committed to ensure the availability of safe and wholesome food for all citizens of the country through various means like education, awareness building and regulatory enforcement and to achieve these goals the Eat Right campaign is going on across the country," said Pawan Agarwal, Chief Executive Officer (CEO) FSSAI.
Stating that advertising and marketing plays a key role in people making food choices, particularly children, FSSAI is actively taking note of the “irresponsible" advertising by some food companies to promote sales of their own foods often considered unhealthy as substitute for healthy foods.
“Tendency of the food companies to disparage freshly cooked food and vegetables that are healthier is a matter of grave concern. Such advertisements are against national efforts for promoting healthier and right eating habits, especially in the children from a young age, with the aim to ensure safe and wholesome food for them so that the kids feel better, grow better and learn better," FSSAI said in an official statement.
The World Health Organization (WHO) in its resolution on marketing of food and non-alcoholic beverages to children has asked the member-states to reduce the impact on children of marketing of foods high in saturated fats, trans-fatty acids, free sugars, or salt.
It also recommends that given the effectiveness of marketing is a function of exposure and power, the overall policy objective should be to reduce both the exposure of children to, and power of, marketing of foods high in saturated fats, trans-fatty acids, free sugars, or salt.
Aligned with the WHO advice, FSSAI has recently finalized the ‘Food Safety and Standards (Advertising and Claims) Regulations, 2018’. Under these regulations, the advertisements should not undermine the importance of healthy lifestyles, and also shall not promote or portray their food and beverages as a meal replacement unless otherwise specifically permitted by FSSAI.
Further, no advertisements or claims for articles of foods shall be made by any food business operator that undermines the products of any other manufacturer for the purpose of promoting their products or influencing consumer behavior, according to the food regulator.
Violation of these regulations attracts a penalty up to ₹10 lakh under Section (53) of Food Safety & Standards Act, 2006. FSSAI is also in the process of finalizing regulations to ensure safe and wholesome food for school children.
“A key proposal in the regulations is that foods that are high in fat, salt and sugar cannot be sold to school children in school canteens/mess premises/ hostel kitchens or within 50 meters of the school campus. Unhealthy diets are a key risk factor in childhood obesity that is rising rapidly," FSSAI statement said.
“Diets that have excess of salt and sugar not only harm the body but also the cognitive capabilities of the children. Therefore, at the heart of the proposed regulations is a fundamental idea to make it clear what is healthy for children and what is not and promote healthy eating habits amongst the children. These regulations are in draft stage under consultation," it said.
According to FSSAI, products deemed "less healthy" are now required to display labels grading their nutritional and sugar content, with those considered to be most unhealthy banned from appearing in ads across all media platforms, including broadcast, print and online channels. This aims to reduce the influence of such advertisements on consumer preferences, the food regulator said.
“Hardcastle Restaurants Private Limited (HRPL) operates McDonald's restaurants in West and South India and the print ad in question was not issued by us. We have already written to the FSSAI clarifying the same," said a spokesperson in response to Mint's query.
*Saumya Tewari contributed to the story.
Food regulator issues notice to McDonald’s for ‘irresponsible advertising’
On November 9, 2019, McDonald’s issued a full-page advertisement in a national daily that read, “Stuck with Ghiya-Tori Again? Make the 1+1 Combo you love”.
The Food Safety and Standards Authority of India (FSSAI) has issued a showcause notice to McDonald’s
The Food Safety and Standards Authority of India (FSSAI) has issued a showcause notice to McDonald’s for a newspaper advertisement it considered “irresponsible advertising”. The fast-food major could face a fine of up to ₹10 lakh in case it is unable to give a satisfactory response.
On November 9, 2019, McDonald’s issued a full-page advertisement in a national daily that read, “Stuck with Ghiya-Tori Again? Make the 1+1 Combo you love”.
“The central licensing authority and FSSAI’s designated officer at New Delhi and Mumbai have taken cognizance of this and issued showcause notices for contravening the provisions of Food Safety and Standards (Advertising and Claims) Regulations, 2018 as to why further action should not be initiated against McDonald for this,” read the notice dated November 20.
The FSSAI objected to the advertisement saying it was promoting unhealthy substitutes for healthy food.
“It is pushing the concept of creative liberty too far. They are trying to promote their food which is unhealthy viz-a-viz healthier vegetables like ‘tori’ and ‘tinda’. The FSSAI considered the matter and found it contravening the provisions of Food Safety and Standards (Advertising and Claims) Regulations, 2018,” said Pawan Agarwal, chief executive officer, FSSAI.
McDonald’s has been given time till December 27 to respond.
“Our designated officers issued the notice a couple of days ago, and technically seven days are given to an FBO to respond to allegations. If the officer concerned is not satisfied with the response then it will go for adjudication. There is a provision for fining up to Rs 10 lakh for a violator,” said Agarwal.
Singapore recently banned advertisement for the unhealthy sugary drinks in a move to combat rising diabetes rates. “The aim is to create a healthy ecosystem, and not promote foods that are of low nutritional value,” Agarwal said.
McDonald’s did not respond to HT’s request for a comment.
FSSAI notice to McDonald’s over ‘ghiya-tori’ advertisement
McDonald’s has been asked to submit its reply to the notice within a week. The company had allegedly issued full page advertisements that read: “Stuck with Ghiya-Tori Again? Make the 1+1 Combo you love.”
XMcDonald’s and Bakshi in 1995 had signed a partnership agreement to open outlets of the US fast-food chain in India. It was for a period of 25 years.
The Food Safety and Standards Authority of India (FSSAI) has sent a showcause notice to fast-food giant McDonald’s for contravening the provisions of Food Safety and Standards (Advertising and Claims) Regulations, 2018.
McDonald’s has been asked to submit its reply to the notice within a week. The company had allegedly issued full page advertisements that read: “Stuck with Ghiya-Tori Again? Make the 1+1 Combo you love.”
In a statement FSSAI said: “Tendency of the food companies to disparage freshly cooked food and vegetables that are healthier is a matter of grave concern. Such advertisements are against national efforts for promoting healthier and right eating habits, especially in the children from a young age, with the aim to ensure safe and wholesome food for them so that the kids feel better, grow better and learn better.”
The Eat Right campaign, launched recently by the Health Ministry, aims at nudging people towards healthier food choices. WHO, in its resolution on marketing of food and non-alcoholic beverages to children, has asked the member-states to reduce the impact on children of marketing of foods high in saturated fats, trans-fatty acids, free sugars, or salt. It also recommends that given the effectiveness of marketing is a function of exposure and power, the overall policy objective should be to reduce both the exposure of children to, and power of, marketing of foods high in saturated fats, trans-fatty acids, free sugars, or salt.
Aligned with the WHO advice, FSSAI recently finalised the Food Safety and Standards (Advertising and Claims) Regulations, 2018. Under these regulations, the advertisements should not undermine the importance of healthy lifestyles, and also shall not promote or portray their food & beverages as a meal replacement unless otherwise specifically permitted by FSSAI.
FSSAI CEO Pawan Agarwal said: “Food companies must desist from issuing advertisements/publicity materials which are in violation of Food Safety & Standards Act, 2006 and rules/regulations made thereunder. FSSAI is committed to ensure the availability of safe and wholesome food for all citizens of the country through various means like education, awareness building and regulatory enforcement and to achieve these goals the Eat Right campaign is going on across the country.”
McDonald’s operates in India through franchisees Hardcastle Restaurants Pvt Ltd (HRPL) and Connaught Plaza Restaurants Pvt Ltd (CRPL). HRPL, in a statement said, “Hardcastle Restaurants Private Limited operates restaurants in West and South India and the print ad in question was not issued by us. We have already written to the FSSAI clarifying the same.”
Calls, messages and an email to CRPL went unanswered.
Food regulator slaps notice on McDonald's for disparaging freshly cooked food in ad
NEW DELHI: Food regulator FSSAI has slapped a show-cause notice on McDonald's for disparaging freshly cooked food and vegetables in its advertisements to promote fast food.
In its notice, the FSSAI referred to a full-page advertisement by McDonald's in newspapers earlier this month that had said, "Stuck with Ghiya-Tori (bottle gourd-sponge gourd) Again? Make the 1+1 Combo you love".
The food sector watchdog issued a show-cause notice to Hardcastle Restaurants and Connaught Plaza Restaurants Ltd - the franchise that operates McDonald's fastfood chain in India - seeking response on why action should not be initiated against them, a statement by the FSSAI said.
McDonald's had over the last weekend carried advertisements in newspapers seeking to get traffic at its outlets by allegedly disparaging home cooked food and healthy vegetables.
The regulator has "noted with concern incidence of irresponsible advertising by some food companies to promote sales of their own foods often considered unhealthy as substitute for healthy foods", the Food Safety and Standards Authority of India (FSSAI) said.
McDonald's has been asked to give explanation in stipulated timeframe.
Violation of FSSAI's advertisement code attracts a penalty up to Rs 10 lakh.
"Central licensing authority and FSSAI's designated officer at New Delhi and Mumbai have taken cognizance of this and issued show cause notices for contravening the provisions of Food Safety and Standards (Advertising and Claims) Regulations, 2018 as to why further action should not be initiated against McDonald's for this," the statement said.
Hardcastle Restaurants Private Limited (HRPL) said in a statement that it "operates restaurants in west and south India and the print ad in question was not issued by us. We have already written to the FSSAI clarifying the same".
In a letter to the regulator, Hardcastle Restaurants has requested it to withdraw the notice.
Response from Connaught Plaza Restaurants could not be immediately obtained.
These FSSAI regulations, which are aimed at cracking down on misleading advertisements and making brand ambassadors accountable, came into effect from July this year.
"We Hardcastle Restaurants operate Quick Service Restaurants (QSRs) under the brand name of McDonald's in the territories of west and south India. The entity which operates QSRs under the brand name McDonald's in the territories of north and east India is Connaught Plaza Restaurants which is a separate and distinct legal entity and with which we do not have any nexus and/or connection of any nature whatsoever," Hardcastle said in the letter to the FSSAI.
The franchisee further said that the Delhi market comes under north India where it does not operate.
"Tendency of the food companies to disparage freshly cooked food and vegetables that are healthier is a matter of grave concern. Such advertisements are against national efforts for promoting healthier and right eating habits, especially in the children from a young age, with the aim to ensure safe and wholesome food for them so that the kids feel better, grow better and learn better," the FSSAI said in the statement.
The regulator acknowledged that advertising and marketing plays a key role in people making food choices, particularly children but went on to expressed deep concern about "irresponsible" advertising and marketing by food companies.
It cited WHO's resolution asking member-states to reduce the impact on children of marketing of foods high in saturated fats, trans-fatty acids, free sugars, or salt.
"Aligned with the WHO advice, the FSSAI has recently finalized the 'Food Safety and Standards (Advertising and Claims) Regulations, 2018'. Under these regulations, the advertisements should not undermine the importance of healthy lifestyles, and also shall not promote or portray their food and beverages as a meal replacement unless otherwise specifically permitted by FSSAI," the statement said.
Further, no advertisements or claims for articles of foods shall be made by any food business operator that undermines the products of any other manufacturer for the purpose of promoting their products or influencing consumer behaviour, it said.
FSSAI said it is also in the process of finalising regulations to ensure safe and wholesome food for school children.
"A key proposal in the regulations is that foods that are high in fat, salt and sugar cannot be sold to school children in school canteens / mess premises / hostel kitchens or within 50 meters of the school campus," it said.
Unhealthy diets, the regulator said, are a key risk factor in childhood obesity that is rising rapidly.
"Diets that have excess of salt and sugar not only harm the body but also the cognitive capabilities of the children. Therefore, at the heart of the proposed regulations is a fundamental idea to make it clear what is healthy for children and what is not, and promote healthy eating habits amongst the children," the statement said adding the regulations are in draft stage under consultation.
‘Keep grains out of food safety act purview’
Indore: The Sakal Anaj Dalhan Tilhan Vyapari Mahasangh Samiti, an association of grain merchants, has urged government to not impose Food Safety and Standards Act 2006 on grains.
They have written to Food Safety and Standards Authority of India in this regard. A delegation of the samiti would meet Union minister of Health and family welfare Harsh Vardhan next month. The samiti president Gopal Das Agrawal said, “Like farmers, traders should also be kept out of the purview of Food Safety and Standards Act. We procure and transport food grains in raw form to manufacturers or processors without any value addition.”
Grain merchants said, the liability of the act should be only on manufacturers and processors because they add value to the food grains that is consumed directly by the consumer.
The samiti general secretary Radheshyam Maheswari said, “When we are not engaged in adding any kind of value to the food grain and procure raw and transport the same in the raw form, why should it be implemented on us.” TNN
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