Food

Food Law Firm in India

The food industry is one of the top industries, with massive global food markets which have evolved tremendously through globalization and liberalization. Governing an industry of this magnitude comes with its challenges since, the global standards differ based on several factors, which may not be met by every company in the food industry. In India, the FSSAI is the regulatory body for ensuring food safety and standards to protect and promote public health.

The KSK team has identified the following pain points of the companies involved in the food business-

  1. Manufacturing
  2. Certifications
  3. Import & Export
  4. Storage
  5. Distribution
  6. Compliances
  7. Advertisements

Which are resolved through services like:

  1. Compliance analysis
  2. Assistance with obtaining certifications
  3. IPR protection
  4. Litigation in cases of false advertisements

Approach at KSK as a Food Law Firm in India

Beyond the purview of basic consumer goods, under the Drugs and Cosmetics Act, 1940, we also play an advisory role to the clients in securing registrations and compliance management for manufacturing, advertising, selling, and branding drugs, cosmetics, and other medicinal preparations under the Act. Moreover, the companies require litigatory assistance with protecting the brand image in defamation cases, their IPR, as well as the interest of the consumers.


FAQs

As per section 29 of the FSS Act, 2006, the main body is the food safety and standard authority of India (FSSAI), additionally, state food authorities act as the decentralized authorities working in congruence with FSSAI. Food safety officers, Commissioner or food safety and designated officers shall be responsible for the execution of the provisions under the act.

A complaint can be filed before FSSAI or the State Authorities for complaints/grievances relating to:

  1. Violation of provisions of the Act and related regulations
  2. Food adulteration, poisoning, contamination
  3. False or misleading packaging, labeling, and advertising
  4. Unauthorized use of a substance in a product
  5. Sub-standard product
  6. Product failing legal metrology standards
  7. Counterfeit, unlicensed or unregistered products being sold

Yes, nutraceuticals have become a part of a category of functional foods along with health supplements covered under Food Safety and Standards (Health Supplements, Nutraceuticals, Foods for Special Dietary Use, Food for Special Medical Purpose, Functional Food and Novel Food) Regulations, 2016 which was implemented by the central government in 2018.

When an advertisement contains distorted reality or portrays qualities of the product which do not exist, such advertisement is construed as false advertisement or misrepresentation. For example, the ads claiming ‘99.9% germs killed’ can lead the companies to be penalized unless the efficacy of the product is scientifically proven by the company using.

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HOW CAN WE HELP?

The Firm has a team of lawyers who hold expertise in food laws and is in position to provide you with unrivalled expertise on your Food Law assistance needs.

LITIGATION

The Litigation Team of the firm predominantly involves catering to the needs of Indian and Multinational clients

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REGULATORY

We regularly represent corporate and individual clients before state and central administrative agencies

King Stubb & Kasiva

Offices In - New Delhi | Bangalore | Mumbai
Chennai | Hyderabad | Kochi | Kolkata | Pune