Plant-based alternatives to dairy products have long been a part of India’s cuisines. India is home to a large fraction of the world’s population, with its population and resource consumption growth also set to raise. Thus, the challenge of food insecurity and environmental destruction, and its associated socio-economic impact, is greater in India. The plant-based food industry is seen as a solution towards developing a sustainable, equitable food system, and has therefore been growing at a rapid pace across the globe. It presents an opportunity to provide consumers with familiar foods that are less resource intensive and environmentally destructive, equally nutritious to its animal-based counterparts.
However, the Food Safety & Standards Authority of India has proposed an amendment to the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. The Draft Notification F. No. Stds/M&MP/Notification(05)/FSSAI-2019, dated 21.07.2020, classifies plant-milk as an analogue, and prohibits use of dairy terms that are phonetically similar or spelt alike from being used in the nomenclature of the (non-dairy) product. Such regulation is known to be used to protect one industry’s interest by creating exclusive labelling (soy/almond beverage or extract instead of ‘milk’) preventing competition from plant-based products. This is counter-productive to efforts to create a fair market for plant-based products.
This policy change will prevent any milk not derived from animals from being labelled as ‘milk’. There are several detrimental impacts to this proposed policy change, primarily-
Consumer protection:
By prohibiting the well-established term ‘milk’ for products that consumers are aware of; products that provide a description of what the products’ ingredients, functionality and nutritional profile are, would lead to more consumer confusion on what the product is and present a significant disadvantage to manufacturers of these products. This would not provide an accurate representation to consumers on how the product is to be used, thereby taking away the right of the consumer to make an informed choice
Disadvantage to plant-based milk businesses:
This policy, if notified, will prevent plant-based dairy producers to market their products accurately and have access to a fair marketplace. Those businesses with existing stock, investments in branding & marketing, will have to suffer great losses. The fundamental rights of these businesses in alternatives to dairy will suffer.
While the policy may claim to be in the interest of consumers, it in fact will have the opposite effect. We urge everyone to submit objections to this amendment. Below are a few template letters that you could use to email regulation@fssai.gov.in
The last date for submission of your comments is 21st September, 2020.
If you have further questions, please feel free to contact india@hsi.org
LETTER 1
Chief Executive Officer
Food Safety and Standards Authority of India
FDA Bhawan, Kotla Road
New Delhi- 110002
Subject: Comments and objections invited via notification of Draft Amendment to Food Safety Regulations dt. 21st July, 2020
Dear Sir,
I am writing to you in reference to the FSSAI’s proposed amendment, released on 21 July 2020, to the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 – which prohibits plant-based milk/dairy products from being called by names that either look or sound like ‘milk’ or ‘dairy’. I object to the proposed amendment on the following grounds-
Plant-based milk and butter products often have unique nomenclature, and have never been proved to cause confusion with their animal-origin counterparts. In fact, plant-based products often go to great lengths to distinguish themselves from their animal-origin counterparts. Additionally, the usage of the word ‘soy’ or ‘coconut’ in front of the word ‘milk’ is sufficient for consumers to clearly understand the ingredients of the product. To assume that it would be deceptive to consumers despite this, is to doubt the intelligence of the average Indian consumer.
Requiring soy milk to be called soy ‘drink’ or almond butter to be called almond ‘spread’, would be extremely confusing for consumers. It will not clearly indicate the properties or applications of the product being sold. Consumers have the right to clearly understand the applications of the product being sold – through reasonable and sensible nomenclature. Thus, while the proposed reason for the change is ostensibly consumer protection, this move will have the opposite effect.
Due to such cumbersome labelling requirements, plant-based producers will be at a distinct competitive disadvantage in relation to their dairy counterparts. They will not be able to reasonably convey the names and applications of their products. This move thus has the effect of protecting the commercial interests of the dairy industry – and is thus an arbitrary and discriminatory amendment.
On the above grounds, I urge you to withdraw this amendment at the earliest.
Thank you.
Best wishes,
____ (name)
____ (phone number)
LETTER 2
Chief Executive Officer
Food Safety and Standards Authority of India
FDA Bhawan, Kotla Road
New Delhi- 110002
Dear Sir,
Subject: In response to notification F. No. Stds/M&MP/Notification(05)/FSSAI-2019, dated 21st July, 2020, issued by the Food Safety & Standards Authority of India
I want to thank you for FSSAI’s remarkable work on the Eat Right India campaign – it is sure to have wide ranging positive impacts on public health, environment protection and animal welfare.
I am writing to you in reference to the FSSAI’s proposed amendment from 21 July 2020, to the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. The amendment subjects plant-based dairy products to a separate labelling standard – one where names that look or sound like ‘dairy’ or ‘milk’ cannot be used. While the purpose of such a regulation seems to be to protect consumers from deceptive labelling, I have several concerns.
The modern Indian consumer is aware of the source of the milk he/she is procuring for consumption – whether from plant or animal origin. There has been no proven record of consumers mixing up cow milk with (say) almond or soy milk. Additionally, the prefix of ‘almond’, ‘soya’ or ‘oat’ before the word ‘milk’ prevents confusion with cow milk. There are increasing numbers of consumers demanding dairy alternatives for reasons of fitness, health, and lactose intolerance. Removing the common term ‘milk’ which consumers identify with functionality (such as for addition in coffee, tea etc.) will confuse consumers.
Additionally, such new terms will hamper the trade and business prospects of the industries that are involved in the production of plant-based dairy products. Requirements of clear labelling nomenclature to prevent consumer deception are already woven into existing labelling guidelines, and plant-based producers are duty-bound to comply with them. Imposing these additional onerous guidelines on them is discriminatory and arbitrary.
This proposed amendment will cause huge harms to the plant-based dairy industry, as well as the very consumers it seeks to protect. I request you to withdraw it immediately.
Thank you.
Best wishes,
____ (name)
____ (phone number)
LETTER 3
Chief Executive Officer
Food Safety and Standards Authority of India
FDA Bhawan, Kotla Road
New Delhi- 110002
Subject: Public comments for policy amendment proposed by Food Safety & Standards Authority of India in Notification F. No. Stds/M&MP/Notification(05)/FSSAI-2019, date 21.07.2020
Dear Sir,
I want to thank you for FSSAI’s remarkable work on promoting plant-based eating through its Eat Right India campaign. This campaign is what India needs today, and it is likely to see huge positive impacts on Indians.
I am writing to you in reference to the FSSAI’s proposed amendment from 21 July 2020, to the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. This amendment seeks to have a different labelling standard for plant-based dairy/milk products, and I have some objections to this, listed below.
The Indian consumer is reasonably able to distinguish cow milk from almond or soy milk. The prefix of ‘almond’, ‘soya’ or ‘oat’ before the word ‘milk’ clearly depicts that the milk is from a plant and not animal origin. Requiring plant-based dairy products to call themselves ‘almond drink’ or ‘oat beverage’ – contrary to protecting consumer interests, is likely to confuse them further. This is because consumers understand product labelling in terms of functionality (eg: soya milk can be used for tea/coffee/cereal). Thus consumer protection is negatively impacted through this proposed change.
Further, globally, the plant-based products sector is a multi-billion-dollar industry, projected to continue growing. Consumers are increasingly choosing plant-based products out of ethical or health concerns. The Indian dairy alternative market stood at $20.9 million in 2018 and is projected to reach $63.9 million by 2024. If this draft amendment is notified, it will impact several plant-based businesses – from large corporations like Hershey’s (Sofit soy milk), Life Health Foods (Soy Milky, So Good Almond) and Raw Pressery (almond milks), to smaller start-ups like Goodmylk (cashew and oat milk) and Oats’Up (Oat milk). These companies will suffer enormous losses if they have to recall their products and discard material packaged and branded as ‘milk’. Their right to creatively market and brand their products within the confines of reasonable labelling guidelines will be deeply impacted. Subjecting this class of businesses to restrictive and cumbersome new labelling guidelines, especially when the objective of preventing consumer deception is already met through our existing labelling guidelines, is arbitrary and discriminatory.
In the interest of consumers and the plant-based food industry, I urge you to discard the above amendment at the earliest.
Thank you.
Best wishes,
____ (name)
____ (phone number)
______ (Email ID)