"Compliance with Codex standards does not equal public-health responsibility." Discuss with reference to added sugars in infant foods in India.
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The Codex Alimentarius, the FAO/WHO food-standards body, sets a global minimum for infant cereals [1]. India's FSS (Foods for Infant Nutrition) Regulations, 2020 permit limited sucrose and fructose [2]. The 2024 Cerelac controversy showed that a product can be legally compliant and still fall short of public-health best practice.
Arguments that compliance is enough
- Legal certainty: Nestlé India said Cerelac had 7.1 g of sugar per 100 g against a permitted 13.6 g [3]. Firms cannot be penalised for following the law.
- Gradual reformulation: The company said it cut added sugar by up to 30% over five years [4]. It launched variants with no refined sugar in 2024 [5].
- Harmonisation: Codex standards are negotiated by member states, so they ease trade and give a shared scientific baseline.
Why compliance is not the same as responsibility
- Double standards: 15 Cerelac products sold in India averaged 2.7 g of added sugar per serving, while the same product had none in the UK and Germany [6]. This is "nutritional dumping", and it shows the sugar is a business choice, not a technical need.
- Codex is a floor: Countries are free to set stricter rules. WHO's 2023 guideline advises against sugary foods for children aged 6–23 months [7]. The WHO Europe NPPM (2022) judges the finished product and its marketing for ages 6–36 months [8].
- Ethical dimension: Infants cannot choose. Early exposure to sweet tastes can shape lifelong preferences, which worsens India's double burden of malnutrition.
- Reactive regulator: FSSAI began its probe only after the Public Eye–IBFAN report [6]. Nestlé later praised FSSAI as "industry-centred" [9], which suggests a risk of regulatory capture.
- Gaps in the draft rule: The October 2026 draft bans sucrose and fructose only for 0–6 months [10], when WHO advises exclusive breastfeeding anyway. Cereals for 6–24 months and fruit-sugar substitutes remain uncovered.
Way forward
- Extend the no-added-sugar rule to 24 months and set a free-sugar limit for the finished food, using an NPPM-style model [8].
- Set time-bound phase-in deadlines, and have FSSAI test the same brands across markets.
- Enforce the IMS Act, 1992 limits on marketing [11] together with the rules on what goes into the product.
Codex compliance shows a product is legal. It does not show the product is good for an infant's long-term health. India should go beyond the Codex minimum and treat both what goes into infant food and how it is marketed as one public-health problem. That would honour the Article 47 duty to raise nutrition levels and help meet SDG 2.2 and SDG 3.4.
Sources
- 1Codex Alimentarius: CXS 74-1981, Standard for Processed Cereal-Based Foods for Infants and Young ChildrenCodex as the FAO/WHO standard-setter for infant cereals
- 2FSSAI: Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, consolidated versioncurrent allowance for sucrose and fructose
- 3Business Standard: "Added sugars in Cerelac within limits, charges untrue: Nestle India CMD"7.1 g vs 13.6 g per 100 g
- 4Business Standard: "Added sugar in baby food? FSSAI to examine charges against Nestle"up to 30% sugar cut over five years
- 5Business Standard: "Nestle launches Cerelac variants with no refined sugar in Indian market"no-refined-sugar variants
- 6Business Standard: "FSSAI to probe composition of Nestle's Cerelac baby cereals sold in India"2.7 g per serving; none in UK and Germany; probe followed the Public Eye–IBFAN report
- 7WHO: Guideline for complementary feeding of infants and young children 6–23 months of age (2023)advice on sugary foods for 6–23 months
- 8WHO Europe: Nutrient and Promotion Profile Model (2022)checks of finished-product composition and marketing for 6–36 months
- 9Business Standard: "Fssai now more proactive, industry-centred with faster responses: Nestle"the "industry-centred" remark
- 10Business Today: "Rethinking baby food: FSSAI moves to ban added sugar for infants under 6 months" (17 Oct 2026)scope of the 2026 draft (0–6 months)
- 11India Code: Infant Milk Substitutes, Feeding Bottles, and Infant Foods Act, 1992legal limits on marketing infant foods