A food packet promises “100% pure” fruit juice, authentic honey or whole-grain biscuits, yet in India it has become a normal understanding that such claims are over the top.In a different scenario, the ingredients listed on an online grocery platform also differ from what arrives at the doorstep. With the online grocery shopping trend growing, these discrepancies are becoming a serious food safety and consumer protection concern.The Food Safety and Standards Act, 2006, the Consumer Protection Act, 2019, and the Legal Metrology Act, 2009, lay down obligations for manufacturers, sellers and e-commerce platforms.But it requires knowing what constitutes misleading labelling, understanding which authority to approach and preserving the right evidence.
Raids alone cannot ensure food safety
The latest FSSAI enforcement figures say that it suspended 1,133 licences, cancelled 52 and sealed 314 premises.Ashwin Bhadri, a national resource person for FSSAI says the real challenge begins after the inspection team leaves. Inspections and punitive action are necessary because they remind businesses that authorities are watching, but temporary fixes do not address the reasons behind repeated violations.“A crackdown is an event. Food safety is a habit,” Bhadri explains. “A suspension is a pause. What I wonder about is what changed inside the business during the pause. Was the pest-control contract fixed, or was the kitchen simply cleaned for the visit? Was the cause of the failure found, or only the symptom?”He says visible violations often point to deeper problems in raw material sourcing, supplier verification, cleaning practices and quality checks during manufacturing.Parliamentary figures for 2025-26 show the same gap.“The wider numbers show where the challenge lies. The government told Parliament that of 2,23,808 food samples analysed in 2025-26, 40,023 were found non-conforming, close to one in five. The figures are provisional, and non-conforming covers a wide range, from misbranding to genuine adulteration. Convictions over the same period stood at 1,918. I would not read those two numbers as a ratio. But together they tell us something: the system is far better at finding problems than at seeing them through to a lasting fix,” Bhadri observes.What Indian law says about misleading food labelsThree laws govern these responsibilities: the Food Safety and Standards Act, 2006, the Consumer Protection Act, 2019, and the Legal Metrology Act, 2009.
1. Ingredients must be declared in the correct order
The Food Safety and Standards (Labelling and Display) Regulations, 2020, framed under Section 23 of the FSSAI Act, set the basic requirements for food labels.Ankita, senior associate, Chamber of Jain and Kumar, explains that ingredient disclosure remains a fundamental obligation:“In Under Regulation 5 of the Food Safety and Standards (Labelling and Display) Regulations, 2020, food manufacturers are required to declare ingredients on pre-packaged food products, generally in descending order of their composition by weight or volume. The law also mandates disclosures concerning allergens, nutritional information and food additives, wherever applicable. The 2026 amendments introduce additional labelling-related requirements, but do not remove the fundamental obligation to disclose ingredients,” she says.
2. When does a food product become misbranded?
Section 3(f) of the Food Safety and Standards Act, 2006, defines misbranded food, i.e., when a product is sold under a deceptive name, presented as a substitute for another food, or carries a statement, design or representation about its ingredients or composition that is false or misleading.For instance, a product marketed as “100% pure” that contains undeclared ingredients contradicting the claim could attract scrutiny under these provisions.Penalties depend on the violation:
- Section 52 (misbranded food): Manufacturing, storing, selling, distributing or importing misbranded food for human consumption can attract a penalty of up to Rs 3 lakh.
- Section 53 (misleading advertisements): Publishing or participating in a misleading food advertisement can attract a penalty of up to Rs 10 lakh.
- Section 51 (sub-standard food): Food that fails prescribed compositional standards but is not necessarily unsafe can attract a penalty of up to Rs 5 lakh.
Under the licensing framework, including Regulation 2.1.8 of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011, authorities can also suspend or cancel a food business licence for non-compliance.
Can an online grocery platform be held responsible?
The manufacturer may argue the product was correctly labelled, while the platform may say the seller uploaded the description. But India’s framework also covers online food businesses and e-commerce entities.Product information must be displayed. The Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations, 2018, which introduced provisions for e-commerce food business operators, require platforms to give consumers relevant product information before purchase.They also provide for a minimum remaining shelf life of 30% or 45 days before expiry, whichever applies, at the time of delivery.Misleading descriptions are prohibited. The Consumer Protection (E-Commerce) Rules, 2020, place obligations on marketplaces and inventory-based platforms.Descriptions and advertisements must be consistent with the actual characteristics of the goods, which matters most when a listing claims “pure”, “natural”, “sugar-free” or “whole-grain”.Consumers have a statutory right to accurate information. Section 2(9) of the Consumer Protection Act, 2019, recognises the right to be informed about the quality, quantity, potency, purity, standard and price of goods. Section 2(11) defines deficiency in service, and Section 2(47) deals with unfair trade practices.If the delivered product differs materially from the description at the time of purchase, the consumer may invoke these provisions, depending on the facts.The Central Consumer Protection Authority (CCPA) can investigate misleading advertisements and issue directions under Section 21.It can order their discontinuation or modification and impose penalties of up to Rs 10 lakh for a first contravention and up to Rs 50 lakh for subsequent ones.
Fine print is not a shield
Regulation 4 of the 2020 Labelling and Display Regulations requires mandatory declarations to be clear, prominent, indelible and readily legible under normal conditions of purchase and use, and prescribes minimum font heights based on the area of the principal display panel.A manufacturer cannot rely on an inconspicuous disclaimer to avoid its labelling obligations.“Fine print can sometimes be used to obscure material information and make important disclosures difficult for consumers to notice. However, statutory labelling requirements cannot be bypassed through disclaimers or inconspicuous disclosures,” says Ankita.“Mandatory declarations must comply with the prescribed requirements concerning visibility and legibility. Consumers can challenge misleading or inadequate disclosures before the relevant regulatory authorities and Consumer Commissions,” Ankita adds.
What should consumers do
For a Rs 150 or Rs 600 grocery order, a regulator or consumer court can seem excessive.But consumers need not begin with litigation. India offers several administrative and pre-litigation routes.
Step 1: Keep the packaging and document the discrepancy
Do not throw away the packet or jar. Ankita says the packaging, invoice, batch details and photographs can become key evidence:“A consumer can report the violation to FSSAI or the concerned State Food Safety Department. They can also approach the National Consumer Helpline (1915) or file a complaint before the appropriate Consumer Commission. It is important to preserve the product packaging, purchase invoice, batch number and photographs of the label as evidence,” she advises.Preserve five categories of evidence:
- The wrapper, carton, bottle or jar. If still sealed, keep it unopened.
- Full-screen screenshots of the product title, ingredient claims, nutritional information and photographs shown in the app when the order was placed.
- The invoice and order details downloaded from the platform.
- Photographs of the batch or lot number, manufacturing date, expiry or Use By date, MRP and the 14-digit FSSAI licence number on the packet.
- Emails, in-app chats and other communications with the platform or manufacturer.
Step 2: Approach the platform’s grievance officer
Under Rule 4(4) of the Consumer Protection (E-Commerce) Rules, 2020, every e-commerce entity must prominently display the name and contact details of its Grievance Officer. The officer must acknowledge a complaint within 48 hours and redress it within one month.Step 3: Register a complaint with the National Consumer HelplineIf the platform does not resolve the issue, approach the National Consumer Helpline (NCH), run by the Department of Consumer Affairs. Call 1915, use the NCH mobile app, or visit consumerhelpline.gov.in.Step 4: Report the violation directly to FSSAIFor issues of ingredients, food safety, misbranding or misleading food claims, complaints can go through the Food Safety Connect mobile app or the Food Safety Compliance System portal at foscos.fssai.gov.in.Provide the product’s 14-digit FSSAI licence number and upload photographs of the alleged violation. Unlike a routine refund request, a regulatory complaint can lead to scrutiny by the jurisdictional Designated Officer or Food Safety Officer, who may inspect the manufacturing facility, warehouse or dark store and initiate proceedings under the Act.
Step 5: Consider sending a legal notice
A written legal notice to the manufacturer and the platform can identify the discrepancy and cite provisions such as Regulation 5 of the 2020 Labelling and Display Regulations and Section 2(47) of the Consumer Protection Act, 2019.It puts the parties on formal notice of the allegations and potential consequences. Ankita says litigation need not come first:
When to approach the Consumer Commission
If the manufacturer or platform refuses to act, consumers can go to the appropriate Consumer Commission. Under Section 34 of the Consumer Protection Act, 2019, the District Consumer Disputes Redressal Commission has pecuniary jurisdiction where the consideration paid does not exceed Rs 50 lakh.Complaints can be filed on the e-Daakhil portal at edaakhil.nic.in, which allows submission of documents from home and virtual proceedings where permitted, without necessarily engaging a lawyer.Under Section 38(2)(c) of the Act, a Commission can direct that a sample be sent to an appropriate laboratory. Consumers can also submit an independent test report from an NABL-accredited laboratory.
What compensation and action can consumers seek
Under Section 39(1) of the Consumer Protection Act, 2019, Commissions can direct refunds, replacement of goods and compensation for loss or injury, including mental agony, plus litigation costs.They can also order a business to discontinue an unfair trade practice, withdraw hazardous or misdescribed goods, and pay punitive damages into the Consumer Welfare Fund. A complaint about one purchase can therefore have wider implications if the same practice affects other consumers.
Why consumers still hesitate
Pursuing a complaint is not always straightforward. Proceedings take time, and it can be hard to establish exactly how a product’s composition differs from its declared ingredients.Manufacturers may call the discrepancy a technical or inadvertent labelling error, and actual composition disputes may need independent testing. The low cost of a single grocery purchase can also discourage complaints.“The principal hurdles are procedural delays that sometimes take a toll on an average consumer. Sometimes, establishing the violation, proving the loss or injury suffered are some other common hurdles. Companies may sometimes argue that a discrepancy is merely a technical or inadvertent labelling error. Therefore, proper documentation and demonstrating how the violation affects consumer rights become particularly important,” notes Ankita.
The principal hurdles are procedural delays that sometimes take a toll on an average consumer.
Anikita, senior associate, Chamber of Jain and Kumar
She further adds, “I strongly encourage consumers to call out companies engaging in misleading practices, provided their allegations are supported by facts and evidence. Public accountability creates pressure on companies to follow statutory requirements. Consumer awareness is one of the strongest deterrents against unfair trade practices, and companies must understand that regulatory compliance is not optional.
You might have also seen a surge of such cases in present times where FSSAI has suo moto taken actions against companies who are violating the norms.”
Food label more than a marketing claim
For food businesses, compliance cannot stop at correcting labels after an inspection or controversy.For consumers, the key safeguard is to look beyond the claims shown prominently on a packet or app. Ankita says transparency is a legal obligation, not a voluntary promise:“I would emphasise that consumers have a fundamental right to know what they are purchasing and consuming. Transparency in labelling is not a privilege offered by companies; it is a statutory obligation. With evolving FSSAI regulations and increasing consumer awareness, companies must prioritise transparency and compliance over marketing strategies. Ultimately, an informed consumer is the strongest safeguard against unfair trade practices,” she concludes.The next time a grocery order arrives, checking the back of the packet may be just as important as checking the price on the screen.