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Restrictions on Advertisements Depicting High-Sugary, Salty, Unhealthy, and Harmful Junk Food in India: Legal Context
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....estrictions on Advertisements Depicting High-Sugary, Salty, Unhealthy, and Harmful Junk Food in India: Legal Context<br>By: - YAGAY andSUN<br>Other Topics<br>Dated:- 1-3-2025<br>In India, the regulation of advertisements, especially those promoting products such as sugary soft drinks, salty snacks, unhealthy food, alcoholic beverages, cigarettes, and other potentially harmful substances, is governed by a combination of statutory laws, regulations, guidelines, and voluntary codes of conduct. These regulations aim to protect public health, ensure consumer safety, and prevent misleading advertisements. 1. Sugary Soft Drinks & Processed Juices (High Sugar Content) Legal & Regulatory Framework: * Food Safety and Standards Authority of India ....
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....(FSSAI): The Food Safety and Standards Act, 2006, is administered by FSSAI, which has set specific standards for food and beverages, including the permissible levels of sugar and other additives. FSSAI mandates food labeling, and advertisements cannot mislead the public about the nutritional content. * FSSAI guidelines stress transparency in labeling and claims made on packaging, including caloric content, ingredients, and sugar levels. * Health warnings such as "High in sugar content" are often encouraged but are not yet mandatory on advertisements. * Advertising Standards Council of India (ASCI): The ASCI Code of Self-Regulation addresses misleading and deceptive advertising practices. Ads promoting sugary drinks must avoid exaggera....
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....ting health benefits or making misleading claims. * For example, ads must not falsely claim that a product can enhance physical performance, improve health, or prevent medical conditions unless substantiated. * Consumer Protection Act, 2019: Under the Consumer Protection Act, misleading advertisements that present unhealthy products as beneficial can be challenged. The law allows consumers to file complaints against misleading claims about food products, including beverages that may be high in sugar. Specific Restrictions: * Ads should not promote excessive consumption of sugary drinks, particularly in the case of children. * Companies may be required to display clear nutritional information to avoid misleading the public about sug....
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....ar content. 2. Snacks with High Salt Content & Unhealthy Food Products Legal & Regulatory Framework: * FSSAI sets limits on salt, fat, and sugar in processed foods, including snacks. The food labeling guidelines ensure that the salt and fat content in snacks are disclosed accurately. * FSSAI Regulations on Nutritional Information: As per these regulations, snacks with high salt content should include appropriate labels like "High in Salt." * ASCI Guidelines: * Advertisements must not encourage excessive consumption of salty, fatty, or unhealthy snacks, especially where they are marketed as a healthy option without adequate evidence. * Prohibition of Misleading Claims: * Any advertisements making claims about snacks being "heal....
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....thy" or "natural" when they are high in salt or preservatives are subject to scrutiny. Specific Restrictions: * The promotion of unhealthy snacks that are excessively high in salt, sugar, or fat is subject to scrutiny, especially where it targets children or misrepresents the healthiness of the product. 3. Non-Vegetarian Foods Legal & Regulatory Framework: * FSSAI: FSSAI issues guidelines on labeling and marketing of non-vegetarian products. These guidelines emphasize that such products must be labeled clearly, and any promotional material must comply with food safety standards. * Animal Welfare: The government has made it mandatory for certain food products to include ethical sourcing information, including claims related to human....
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....e practices for the sourcing of non-vegetarian food. * Guidelines for Advertisement: Advertisements promoting non-vegetarian food products are expected to avoid misleading claims such as exaggerated health benefits or promoting excessive consumption. Specific Restrictions: * Health Claims: Advertisements should not exaggerate the health benefits of consuming non-vegetarian food, especially in excess. * Ads must avoid promoting the consumption of non-vegetarian products in regions or communities where it may be culturally inappropriate or offensive. 4. Alcoholic Beverages & Drinks Legal & Regulatory Framework: * Prohibition on Direct Advertisement: Direct advertisement of alcoholic beverages is prohibited under Section 7 of the Ci....
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....garettes and Other Tobacco Products Act (COTPA), 2003. This law prohibits any advertisement of alcohol on television, radio, or print media. * Indirect Advertisement: Indirect advertisement through sponsorship of events or product placement is also banned. For instance, alcohol cannot be advertised as a sponsor of an event where a significant portion of the audience is underage. * Advertising Standards Council of India (ASCI): ASCI guidelines emphasize that any alcohol-related advertisements must carry a disclaimer stating that "consumption of alcohol is injurious to health" and include an age restriction (usually 25 years or above). Specific Restrictions: * Alcohol advertising is highly restricted, and where allowed (e.g., sponsorsh....
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....ips), strict disclaimers and warnings must be displayed. * Target Audience: Ads must not target minors or encourage binge drinking. Alcohol-related products should not be linked to social success or fun. 5. Cigarettes and Tobacco Products Legal & Regulatory Framework: * COTPA (Cigarettes and Other Tobacco Products Act, 2003): * Prohibits the advertisement of cigarettes or tobacco products in any form, whether in media, outdoor billboards, or through sponsorships. * Health Warnings: All cigarette advertisements and packaging must include health warnings such as "Smoking is injurious to health" or images of the harmful effects of smoking. * FSSAI and Other Agencies: While cigarettes fall under tobacco laws, there is an indirect re....
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....lationship with the promotion of unhealthy food products, which could be influenced by similar regulatory approaches. Specific Restrictions: * Complete Ban: Direct and indirect advertisements of tobacco products are completely banned in India. * Mandatory Health Warnings: Ads and packaging must carry pictorial health warnings, with the aim of reducing smoking rates. 6. General Principles for Advertising Unhealthy Products * The Role of ASCI: ASCI plays a crucial role in ensuring that advertisements are truthful, transparent, and non-deceptive. In relation to health, ASCI's Code of Advertising Practice ensures that any food or drink advertised must reflect the product's actual contents, and should not mislead the consumer into believ....
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....ing that it offers health benefits when it does not. * Child Protection: Advertisements targeting children are particularly sensitive, especially when promoting products that could have negative health implications, such as sugary beverages and snacks. The government has considered restrictions that would limit such advertisements during children's programming on television. Conclusion India has a robust legal framework regulating the advertisement of products with high sugar, salt, unhealthy contents, and other harmful substances like alcohol and tobacco. The Cigarettes and Other Tobacco Products Act (COTPA), 2003, and FSSAI regulations govern the advertisement and marketing of food and beverages to ensure that consumers are not mi....
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....sled. * Prohibitions on advertisements: Especially concerning tobacco and alcohol, direct advertisements are banned, while indirect advertising is subject to strict regulation. * Disclosure requirements: All food products, especially those high in sugar, salt, and fat, must include clear, accurate nutritional information and appropriate health warnings. * Focus on child safety: There is growing attention on preventing advertisements targeted at children, especially in the case of unhealthy food items. The legal framework in India aims to balance consumer protection, public health concerns, and the rights of businesses to advertise their products. However, there is an ongoing need for stricter enforcement and further regulation to cur....
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....b the promotion of unhealthy food and beverages, particularly to vulnerable populations like children.<br> Scholarly articles for knowledge sharing by authors, experts, professionals ....