J&K FDA Warns Against Misleading Food Ads

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Onlykashmir.in News Desk

Srinagar, October 12: The Food and Drugs Administration (FDA), Jammu and Kashmir, has warned food businesses that misleading advertisements and unsubstantiated claims can attract a penalty of up to ₹10 lakh.

In an advisory issued today, Commissioner Khalid Jahangir (JKAS) directed all Food Business Operators (FBOs) to comply strictly with the Food Safety and Standards (Advertising and Claims) Regulations, 2018, while labelling, promoting and marketing their products.

The advisory invokes Regulation 13 of the 2018 Regulations, read with Section 53 of the Food Safety and Standards Act, 2006. Section 53 deals with misleading advertisements. It provides that a person who publishes, or is party to publishing, an advertisement that falsely describes a food or is likely to mislead consumers is liable to a penalty that may extend to ₹10 lakh. The figure is therefore a ceiling, not a fixed fine.

Terms such as “Natural”, “Fresh”, “Pure”, “Authentic”, “Genuine”, “Real”, “Traditional” and “Original” are under particular scrutiny. They cannot be used indiscriminately and must meet specific conditions backed by evidence. Composite foods, for instance, cannot be described as “natural” or “pure” unless they satisfy the applicable requirements. “Traditional” may be used only if a recipe, formulation or processing method has existed for at least one generation, defined as 30 years, and remained substantially unchanged.

The FDA also cautioned against advertisements that expressly or indirectly suggest a food can prevent, treat, cure or alleviate any disease, disorder or physiological condition, unless the regulations specifically permit it.

The rules apply well beyond packaging. Claims made on websites, social media, digital platforms and other promotional channels must be truthful, clear, scientifically substantiated and consistent with the label. Brand names, trademarks or fancy names that contain regulated expressions may need a prominent disclaimer on the front of the pack if they are likely to mislead.

All FBOs have been told to review their labels, packaging, advertisements, promotional material and social-media communication, and to remove or correct any misleading, exaggerated or unsupported claim.

The advisory, reference number FADA-Tech/192/2026-05, has been circulated to the Health and Medical Education Department, the Food Safety and Standards Authority of India (FSSAI), the Joint Director of Information, J&K, and the Deputy Commissioners of Food Safety for wider dissemination and action.

The regulator said the move is aimed at consumer protection and informed choice, and that food marketing must meet statutory requirements rather than inflate a product’s quality, composition or health benefits.

 

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