Bitter truth behind food ads: Will stricter regulations finally hold brands accountable?

Health experts and regulators are calling out deceptive food advertising, from celebrity-endorsed snacks to misleading “healthy” labels. As the government forms a new committee, will this crackdown lead to change?

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  • Kashmeera Sambamurthy,
| March 4, 2025 , 9:03 am
Dr. Arun Gupta, convenor, Nutrition Advocacy in Public Interest (NAPi), also suggested that FSSAI replace ‘Health Ratings’ (Labelling packaged food products with a star rating based on their nutritional profile) with ‘Warnings’, which favoured consumer health as opposed to the former only benefiting the industry. (Image Source: Unsplash)
Dr. Arun Gupta, convenor, Nutrition Advocacy in Public Interest (NAPi), also suggested that FSSAI replace ‘Health Ratings’ (Labelling packaged food products with a star rating based on their nutritional profile) with ‘Warnings’, which favoured consumer health as opposed to the former only benefiting the industry. (Image Source: Unsplash)

A growing number of health advocates and industry watchdogs in India are raising concerns over misleading food advertisements, challenging brands on their claims and pushing for stricter regulations in an industry where marketing often outpaces oversight.

Recently, lifestyle guru Luke Coutinho called out quick-commerce platform Zepto over what he described as a misleading advertisement for garlic bread on Instagram. Sharing a screenshot of the ad on his social media, Coutinho criticized its promotion of refined carbohydrates as a bedtime snack, calling it “unethical” and a product of corporate greed. Tagging regulatory bodies including the Food Safety and Standards Authority of India (FSSAI) and the All India Institute of Medical Sciences (AIIMS), he urged authorities to take action.

Similarly, Dr. Arun Gupta, convenor of Nutrition Advocacy in Public Interest (NAPi), a national think tank of medical experts, pediatricians, and nutritionists, highlighted a full-page advertisement in Delhi Times for Amul TRU, a fruit drink brand. The ad, published on February 14, emphasized the “goodness of real fruits in every pack,” but Gupta pointed out that the listed ingredients contained concentrated fruit rather than fresh produce.

These instances reflect a broader pattern of misleading advertising in India’s food and beverage sector. While such controversies have long existed, it was only on February 7 this year that the Indian government announced the formation of a 19-member committee, led by Union Minister of Food Processing Industries Chirag Paswan, to address deceptive marketing practices and introduce more stringent regulations.

India’s struggle with misleading food advertisements dates back years. The Advertising Standards Council of India (ASCI) and FSSAI signed an MoU in 2016 to curb deceptive advertising in the food and beverage sector. Two years later, the Ministry of Information and Broadcasting (MIB) issued an order restricting junk food advertisements on children’s television channels, though they remained permissible on mainstream networks.

Despite these measures, misleading claims persist. In 2023 alone, FSSAI flagged 32 instances of food business operators violating the Food Safety and Standards (Advertisements & Claims) Regulations of 2018. That same year, actor Amitabh Bachchan faced criticism for endorsing Britannia Milk Bikis in a Kaun Banega Crorepati Junior commercial, where the biscuits were equated with the nutritional value of atta roti and a glass of milk.

Health influencer Revant Himatsingka, widely known as ‘Food Pharmer,’ also took on the industry, calling out Cadbury Bournvita for its high sugar content. Mondelez International reduced the product’s sugar levels by 15 percent and dropped its ‘health drink’ label from marketing materials.

The regulatory landscape includes four key frameworks to combat misleading food advertisements: the Food Safety and Standards Act (FSS Act), the Food Safety and Standards (Advertising and Claims) Regulations, 2018, the Consumer Protection Act (CPA), 2019, and the ASCI Code of Self-Regulation.

However, Gupta argues that these regulations require amendments to better define misleading claims. In 2024, NAPi lodged a complaint with FSSAI against advertisements for Parle-G Royale biscuits, which allegedly misrepresented their sugar content. The response? “There is no FSS regulation which says that nutrients will be declared in the advertisement,” authorities stated.

Gupta further highlighted that when FSSAI initially flagged 150 misleading advertisements in 2023, that number was later reduced to 32, with no clear updates on enforcement actions. “When the Kaun Banega Crorepati ad equated Britannia Milk Bikis with atta roti and milk, NAPi protested. The ad was pulled, but no fines were imposed,” he noted.

Celebrity endorsements add another layer to the issue. The 2024 TAM AdEx report found that food and beverage advertisements accounted for 28 percent of all celebrity-endorsed ads in India. The Consumer Protection Act, 2019, prohibits celebrities from endorsing banned products but allows promotions unless explicitly prohibited by law.

In a telling 2006 interview with journalist Karan Thapar, Bollywood superstar Shah Rukh Khan defended his endorsement of soft drinks, arguing, “If soft drinks are bad, ban their production. If production is not stopped due to revenue concerns, don’t stop my revenue.”

ASCI CEO Manisha Kapoor observed that influencers frequently promote foods without disclosing financial ties to brands, making endorsements appear organic rather than paid sponsorships. Sweta Rajan, a partner at Economic Laws Practice, expressed concerns that celebrity-backed marketing distorts public perception of healthy eating. “The continuous exposure to such ads makes it difficult for consumers to make informed choices,” she said.

The recently formed 19-member government committee has been met with skepticism from experts who believe it may lack independence. “The committee does not include a public health expert. Half its members belong to industry bodies. It should form a subcommittee to define what constitutes healthy food,” Gupta said.

Himatsingka called for stringent penalties against brands found guilty of misleading advertisements, suggesting that companies be publicly named on a weekly basis. Rajan, meanwhile, warned against excessive regulation, arguing that it could stifle creativity. “A balance must be struck between regulation and creative advertising,” she said. Instead, she proposed incentives for brands that adopt honest marketing practices.

Read More: Revant Himatsingka (Food Pharmer) reacts to removal of Bournvita, Horlicks, etc, from ecomm platforms’ ‘health drinks’ section

Some experts advocate for clearer front-of-pack labeling. “Currently, most food labels prioritize regulatory compliance over consumer awareness. Since literacy levels in India are lower than in many Western nations, labels should be simple and easy to understand,” said Devangshu Dutta, chief executive of consultancy firm Third Eyesight.

Taxation has been another approach. Many processed foods in India attract an 18 to 28 percent GST rate, yet brands such as Coca-Cola, Lays, and Haldiram’s continue to thrive. “While taxes have some impact, they are not enough on their own,” Rajan noted.

Gupta suggested replacing FSSAI’s ‘Health Ratings’ – which he says benefit the industry more than consumers – with clear warning labels on ultra-processed foods. He said, “Consumers should be alerted to the risks, not misled by arbitrary ratings.”

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