Claims such as '100% pure' are frequently found on food product packaging in India for fruit juice, authentic honey, or whole-grain cookies, yet consumers tend to view such assertions as exaggerated. Furthermore, discrepancies between declared ingredients and what is actually delivered to the buyer are observed when purchasing through online platforms. Given the rise of the online shopping trend, these inconsistencies have become a serious issue for protecting consumer rights and ensuring food safety.
Manufacturers, sellers, and e-commerce platforms are bound by requirements set forth in the Food Safety and Standards Act, 2006, the Consumer Protection Act, 2019, and the Legal Metrology Act, 2009. However, effective protection of rights requires understanding what constitutes misleading information, which authority to approach, and how to preserve necessary evidence.
Inspections Alone Do Not Guarantee Food Safety
According to the latest data from FSSAI, 1133 licenses have been suspended, 52 revoked, and 314 premises sealed. Ashwin Bhadri, a national expert at FSSAI, notes that the real challenge begins after the inspection team leaves. Inspections and punitive measures are necessary because they remind businesses of governmental oversight, but temporary solutions do not address the root causes of repeated violations.
Bhadri emphasizes: 'The fight is an event. Food safety is a habit.' He questions what has changed within the establishment during the lull: was the pest control contract corrected, or was the kitchen merely tidied up for the visit? Was the cause of the failure found, or only the symptom?
He points out that obvious violations often indicate deeper issues related to raw material sourcing, supplier verification, purification methods, and quality control during production. Parliamentary data for 2025–26 shows a similar gap. The government informed Parliament that out of 223,808 analyzed food samples in 2025–26, 40,023 were deemed non-compliant, accounting for nearly one in five. Bhadri notes that these figures are preliminary, and the term 'non-compliant' covers a wide range of issues, from incorrect labeling to outright adulteration. Meanwhile, the number of convictions for the same period stood at 1918. He warns that these two numbers should not be viewed as a ratio, but together they show that the system is finding problems much better than it is resolving them definitively.
What Does Indian Law Stipulate Regarding Misleading Food Labeling?
These obligations are governed by three acts: the Food Safety and Standards Act, 2006, the Consumer Protection Act, 2019, and the Legal Metrology Act, 2009.
Ingredient composition must be listed in the correct order
The primary requirements for labels are established by the Food Labeling and Display Regulations, 2020, developed under Section 23 of the FSSAI Act. Ankita, Senior Partner at Chambers of Jain and Kumar, explains that disclosing ingredient information remains a fundamental obligation. Under Regulation 5 of these rules, manufacturers are required to list ingredients on packaged products, generally in descending order of weight or volume. The law also mandates the disclosure of allergens, nutritional value, and food additives, where applicable. Although the 2026 amendments introduce additional requirements, they do not negate the core duty of ingredient disclosure.
When is a food product considered mislabeled?
Section 3(f) of the Food Safety and Standards Act, 2006, defines a mislabeled product as one sold under a deceptive name, presented as a substitute for another product, or containing a statement, design, or representation about its composition or ingredients that is false or misleading. For instance, a product advertised as '100% pure' but containing undeclared ingredients contradicting this claim could come under scrutiny under these provisions.
Penalties depend on the nature of the violation: producing, storing, selling, distributing, or importing a mislabeled product for human consumption incurs a fine of up to 3 lakh rupees (Section 52). Publishing or participating in misleading food advertising is punishable by a fine of up to 10 lakh rupees (Section 53). Food products that do not meet prescribed compositional standards but are not necessarily unsafe may incur a fine of up to 5 lakh rupees (Section 51). Within licensing, including Regulation 2.1.8 of the Food Industry Licensing and Registration Regulations, 2011, authorities can also suspend or revoke a food business license for non-compliance.
Can an e-commerce platform be held liable?
A manufacturer might claim the product was correctly labeled, while the platform might assert the description was uploaded by the seller. However, India's legal framework also covers online food businesses and e-commerce entities. Requirements of the Amendments to the Food Industry Licensing and Registration Regulations, 2018, which introduced provisions for food business operators in e-commerce, oblige platforms to provide consumers with appropriate product information before purchase. Additionally, they establish a requirement for a minimum remaining shelf life of 30% or 45 days until expiry, whichever comes first, at the time of delivery.
Misleading descriptions are prohibited. The Consumer Protection in E-commerce Rules, 2020, impose obligations on marketplaces and inventory-based platforms. Descriptions and advertisements must correspond to the actual characteristics of the goods, which is particularly crucial when an advertisement claims 'pure,' 'natural,' 'sugar-free,' or 'whole grain.' Consumers have a legal right to accurate information. Section 2(9) of the Consumer Protection Act, 2019, recognizes the right to be informed about the quality, quantity, potency, purity, standard, and price of goods. Section 2(11) defines a defect in service, and Section 2(47) regulates unfair trade practices. If the delivered goods substantially differ from the description at the time of purchase, the consumer may invoke these provisions, depending on the circumstances. The Central Consumer Protection Authority (CCPA) can investigate misleading advertisements and issue directions under Section 21. It can mandate the cessation or modification of such advertising and impose fines of up to 10 lakh rupees for the first offense and up to 50 lakh rupees for subsequent offenses.
Fine Print Is Not a Shield
Regulation 4 of the Labeling and Display Regulations, 2020, requires that mandatory declarations be clear, conspicuous, indelible, and easily readable under normal conditions of purchase and use, and prescribes a minimum font size based on the area of the main display panel. A manufacturer cannot rely on inconspicuous disclaimers to evade their labeling obligations. Ankita notes: 'Fine print is sometimes used to conceal material information and hinder consumers from discovering important details. However, legislative labeling requirements cannot be circumvented through disclaimers or subtle disclosures.' She adds: 'Mandatory declarations must comply with prescribed visibility and readability standards. Consumers can challenge misleading or inadequate disclosures before the relevant regulatory bodies and Consumer Protection Commissions.'
What Should Consumers Do?
For orders valued at 150 or 600 rupees, involving a regulator or consumer protection court might seem excessive. However, consumers do not necessarily have to start with litigation. India offers several administrative and pre-litigation avenues.
Step 1: Keep the packaging and document the discrepancy. Ankita advises against discarding the packet or can. The packaging, invoice, batch details, and photographs can serve as key evidence. The consumer can report the violation to FSSAI or the relevant State Food Safety Department. They can also contact the National Consumer Helpline (1915) or file a complaint with the appropriate Consumer Commission. It is vital to retain the product packaging, proof of purchase, batch number, and photos of the label as evidence.
Five categories of evidence must be preserved: the container itself, the box, bottle, or can (if still sealed, leave it unopened); screenshots of the entire screen showing the product name, ingredient claims, nutritional information, and photos displayed in the order application; the invoice and order details uploaded from the platform; photographs of the batch or serial number, manufacturing date, expiry date, or 'Use by' date, and the 14-digit FSSAI license number on the packaging; emails, in-app chats, and other messages with the platform or manufacturer.
