FSSAI’s Crackdown on Labeling and Marketing of Dairy Products: Clarity or Confusion?

Written by

Jeevan Ballav Panda, Tapamoy Ghose

Published on

10 September 2024

The Food Safety and Standards Authority of India (FSSAI) recently issued an advisory dated 21 August 2024, restricting the Food Business Operators (FBO) from selling and marketing of dairy products with A1 and A2 labels. This move was intended to address concerns over misleading claims related to these types of beta-casein proteins. However, in less than a week, the FSSAI withdrew the advisory, citing the need for further consultation with stakeholders. 

For context, A1 and A2 are two types of beta-casein proteins found in cow's milk. The A1 protein is commonly found in breeds like Holsteins, while. A2 is prevalent in breeds such as Guernsey and Jersey cows. Some studies suggest that A2 milk might be easier to digest for those sensitive to regular milk, though scientific evidence supporting this claim remains inconclusive. In its initial advisory, the FSSAI expressed concerns that the use of A1 and A2 labels might mislead consumers, as the Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011, do not recognise this differentiation.

Consequently, the FSSAI directed FBOs to remove any A1 and A2 claims from their products, including e-commerce platforms. While FBOs were expected to ensure strict compliance with the said instructions from the date of the direction, they were allowed to use their existing pre-printed labels for up to six months from the date of this direction. 

According to online reports, the FSSAI had addressed the issue of labeling captions like A2 and organic back in 2020 as well. It was noted that marketers were promoting the benefits of A1 over A2 on social media and product labels, despite the lack of scientific evidence. The FSSAI stated that such practices by marketers amount to mislabeling and food fraud and should be avoided. 

Recently, FSSAI has also cracked down on mislabeled health drinks on e-commerce platforms. This attempt on dairy products highlights FSSAI’s intent to curb the mislabeling of products and ensure consumer safety. While the intent of the FSSAI in ensuring consumer safety and health appears to be a welcome step, it appears that the advisory was issued in haste and without conducting a proper assessment. By directing the removal of A1 and A2 claims, an important source of information is being taken away from consumers, who now have no way of knowing where their milk is being sourced from. Such unwarranted interference may further prevent FBOs from putting information on the label, which can be beneficial for the consumers. 

Given the ongoing debate about the health implications of A1 versus A2 milk, it would be more constructive for the FSSAI to provide clear, science-based guidelines rather than an outright ban. This approach could help consumers make informed choices while ensuring that labeling practices remain transparent and accurate.

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