By Vikrant Rana and Apalka Bareja
Introduction
The Food Safety and Standards Authority of India (“FSSAI”) has, over the course of late May 2025, taken two connected regulatory steps aimed at curbing misleading claims on packaged food labels. First, FSSAI issued a formal advisory to all Food Business Operators (“FBOs”) directing them to discontinue the use of the term “100%” on food labels, packaging, and promotional material. Second, and consistent with the concerns underlying that advisory, FSSAI issued a detailed notice to a confectionery company in India, flagging specific instances of non-compliant labelling and misleading claims across several of its product lines.
This alert summarises both developments and their implications for FBOs operating in the Indian packaged food and confectionery sector.
Background: FSSAI’s Advisory on Discontinuation of the Term “100%”
By way of an advisory dated 28th May 2025 (File No. RCD-02001/133/2024-Regulatory-FSSAI [E-12084]), issued under the signature of Mr. Rakesh Kumar, Director–Regulatory Compliance, FSSAI directed all FBOs to discontinue the use of the term “100%” on food product labels, packaging, and promotional content. The advisory was subsequently publicised through a press release dated 30th May 2025.[1]
FSSAI’s stated basis for the advisory includes the following:
- The term “100%” is not defined or referenced in any manner under the Food Safety and Standards Act, 2006[2], or the Rules and Regulations made thereunder, including the Food Safety and Standards (Advertising and Claims) Regulations, 2018.[3]
- Sub-regulation 10(7) of the 2018 Regulations prohibits any advertisement or claim that undermines other manufacturers or influences consumer perception in a misleading manner; Sub-regulation 4(1) requires that claims be truthful, unambiguous, meaningful, and not misleading.
- The use of “100%” — whether standalone or combined with other descriptors — is likely to convey a false impression of absolute purity or superiority, potentially leading consumers to believe that competing products do not comply with prescribed standards.
On this basis, FSSAI has advised all FBOs to discontinue the usage of “100%” across labels, packaging, and promotional content with immediate effect.
Enforcement Action: Notice to A Confectionery Company in India
In line with the concerns underlying the advisory, FSSAI issued a notice to a confectionery company in India over the utilisation of non-compliant pre-printed labels and misleading labelling claims on various food products marketed by the company.[4] The notice identifies the following specific non-compliances:
- Non-compliant pre-printed labels: The company utilised non-compliant pre-printed labels bearing its old company name “without obtaining prior approval.
- “100% Vegetarian” claim: Certain products of the company bear the claim “100% Vegetarian,” which was found to be misleading.
- Missing nutritional information: Certain biscuit variants of the company do not provide nutritional information in the manner prescribed under the Food Safety and Standards (Labelling & Display) Regulations, 2020.
- Vitamin claim non-compliance: The company’s flavoured Lollipops (Orange, Strawberry & Kaccha Mango flavours) does not comply with prescribed vitamin levels under the Food Safety and Standards (Advertising & Claims) Regulations.
- Misleading product name: The company’s flavouredEclairs (Mango, Orange, and Strawberry flavours) bear a product name likely to create a misleading impression, since the products do not contain fruit. Further, the mandatory disclaimer for the brand/trade name required under the Advertising & Claims Regulations, 2018[5] was not provided on the front of the pack.
It is worth noting that the issues raised in the notice is not a new requirement. Each issue relates to a rule that already applies under the FSSAI labelling framework, so the notice is best seen as FSSAI enforcing existing rules rather than creating new ones. The use of pre-printed labels with the company’s old name goes against the rule that every packaged food must show the correct name and full address of the manufacturer or packer. The missing nutritional information on theproduct breaks the rule that nutritional information must be given, in the prescribed form, on every package[6]. The vitamin claim on the lollipops is covered by the rules on nutrition and nutrient claims, under which a claim about a nutrient is allowed only if the product actually meets the required levels and the claim can be backed up; a claim that does not meet those levels is misleading and not allowed[7]. Finally, the fruit flavored eclairs is caught by two rules: that the name of a food must reflect what it really is and not mislead about its contents[8], and that where a brand or trade name works as a claim, a suitable disclaimer must appear on the front of the pack. Taken together, the notice does not set any new standard. It simply applies rules already found in the FSS Act, 2006 and the regulations under it to specific cases of non-compliance.
At present, the company has been directed to submit an explanation within seven days as to why action should not be initiated against it under the provisions of the FSS Act, 2006, and the Rules and Regulations made thereunder.
Analysis
Read together, the advisory and the notice to the confectionery company signal a coordinated regulatory push by FSSAI against absolute or superlative labelling claims — whether framed as “100%” or otherwise — that are not tied to a defined regulatory standard. Notably, the notice does not confine itself to “100%” claims: it also addresses non-compliant use of a superseded corporate name on pre-printed labels, incomplete nutritional disclosures, non-compliance with prescribed vitamin levels, and a product name considered misleading for implying fruit content where none exists.
This suggests that FSSAI’s current enforcement priorities extend beyond the specific “100%” terminology addressed in the advisory to a broader review of front-of-pack claims, nomenclature, and mandatory disclosures under the Food Safety and Standards (Advertising and Claims) Regulations, 2018 and the Food Safety and Standards (Labelling and Display) Regulations, 2020.
Looking at the picture as a whole, the present case is a good example of the steps taken by FSSAI to curb the use of absolute terms such as “100%” on products, which can suggest a level of purity and mislead the consumers. This action aligns with FSSAI’s broader goal of protecting consumers, increasing awareness, and promoting transparency in food packaging. As consumers grow increasingly aware and conscious of what they consume, FSSAI plays a key role in guiding these choices through regulations and in doing so, not only curbs misleading practices but also empowers consumers to make informed dietary choices based on truthful and reliable information.
Practitioner Takeaways
- FBOs should undertake an immediate review of existing labels, packaging, and promotional material to identify and remove any standalone or combined use of the term “100%”.
- Labels using a company’s former or superseded corporate name should be discontinued and replaced with compliant, currently approved pre-printed labels.
- Claims such as “Vegetarian,” fruit content, or specific nutrient/vitamin levels should be substantiated and verified against the applicable FSS Regulations before continued use.
- Product names that imply the presence of an ingredient (e.g., fruit) not actually contained in the product should be reviewed for compliance with the Advertising and Claims Regulations, including any mandatory disclaimer requirements for brand or trade names.
- FBOs that receive a similar notice should note the seven-day response window typically granted by FSSAI to submit an explanation before further action is initiated under the FSS Act, 2006.
- FBOs may request a grace period from FSSAI to systematically recall products from the market since executing a product recall and updating packaging are highly time-consuming, additional time is essential for businesses to plan their future course of action.
Sources: FSSAI Advisory dated 28th May 2025 (File No. RCD-02001/133/2024-Regulatory-FSSAI [E-12084]); FSSAI Press Release dated 30th May 2025; FSSAI Notice to a Confectionery Company in India(Official Notice is not publically available, these details were gathered through digital news channels)
[1] https://fssai.gov.in/upload/uploadfiles/files/100PercentClaim_PressRelease_English.pdf
[2] Food Safety and Standards Act, 2006. https://www.fssai.gov.in/upload/uploadfiles/files/FOOD-ACT.pdf
[3] Food Safety and Standards (Advertising and Claims) Regulations, 2018. https://www.fssai.gov.in/upload/uploadfiles/files/Gazette_Notification_Advertising_Claims_27_11_2018.pdf
[4] The following information is based on the notice reportedly issued by FSSAI, the exact date and reference number of this notice are not publically available. The details of the notice given below are based on FSSAI’s communication. We have not seen the notice itself, so its contents should be checked against the original before being relied upon. https://x.com/i/status/2074719100413280578
[5] Food Safety and Standards (Advertising and Claims) Regulations, 2018. https://www.fssai.gov.in/upload/uploadfiles/files/Gazette_Notification_Advertising_Claims_27_11_2018.pdf
[6] Regulation 5 of the Food Safety and Standards (Labelling and Display) Regulations, 2020. https://www.fssai.gov.in/upload/notifications/2020/12/5fd87c6a0f6adGazette_Notification_Labelling_Display_14_12_2020.pdf
[7] Regulation 5 of the Food Safety and Standards (Advertising and Claims) Regulations, 2018 https://www.fssai.gov.in/upload/uploadfiles/files/Gazette_Notification_Advertising_Claims_27_11_2018.pdf
[8] Regulation 4(1) of the Food Safety and Standards (Advertising and Claims) Regulations, 2018. https://www.fssai.gov.in/upload/uploadfiles/files/Gazette_Notification_Advertising_Claims_27_11_2018.pdf