How do regulatory gaps in food labelling affect consumer rights and the dairy sector?
FSSAI, established under Section 4 of the Food Safety and Standards Act, 2006 [5], sets labelling standards. Its September 2026 draft amendment restricting products sold as "paneer" but made of constituents not derived from milk [1] shows how labelling gaps simultaneously erode consumer rights and squeeze genuine dairy producers.
The gaps themselves
- A CAG performance audit (2017) found that even a decade after the Act, FSSAI had not framed regulations on food labelling standards and on accreditation of food testing laboratories; states lacking separate food safety departments saw misleading labelling and adulteration [3].
- Dairy analogues consequently travelled under dairy names, forcing FSSAI to issue a public notice that cheese analogue sold as "paneer" is a grave violation [2], and now a draft clause under Regulation 2.1.1 [1].
- Codex Alimentarius CXS 206-1999 already required substitutes for milk products to be named for their true nature and barred dairy terms [4] — India is acting late on a settled principle.
Effect on consumer rights
- The buyer's right to information and informed choice fails: the stated harm is being misled about nature and composition [1].
- Much analogue paneer is sold loose — at sweet-shop counters or inside restaurant curries — where no packet exists, so a labelling-only rule protects the packet buyer alone.
- Redress is weak because proof needs a laboratory to separate milk fat from vegetable fat, yet lab accreditation regulations were unframed and staffing acutely short [3].
Effect on the dairy sector
- Cheaper look-alikes undercut genuine paneer, hurting dairy farmers and cooperatives.
- Mislabelling spreads distrust across the whole dairy category, damaging honest brands.
- Yet analogues legitimately serve price-sensitive buyers; the mischief is deception, not the product — as Codex recognises by regulating the name, not banning the good [4].
Truthful labelling is therefore both a consumer-protection and a producer-protection instrument. The way forward is Codex-aligned naming reserving "paneer" for milk, accredited state laboratories and a food-business database before enforcement begins, and extending disclosure to menu cards — aligning India's food law with the consumer's right to know under the Consumer Protection Act, 2019.
Sources
- 1FSSAI, Draft Notifications — FSS (Prohibition and Restrictions on Sales) Amendment Regulations, 2026draft clause on "paneer made of constituents not derived from milk" under Regulation 2.1.1; aim of preventing consumers being misled about nature and composition
- 2PIB, "FSSAI issues Public Notice on Correct Labelling of Cheese Analogues"cheese analogue sold as "paneer" held a grave violation; directions to manufacturers and food service establishments
- 3PRS Legislative Research, summary of CAG Report on Implementation of the Food Safety and Standards Act, 2006 (2017)unframed regulations on labelling standards and laboratory accreditation, staff shortages, misleading labelling in states
- 4Codex Alimentarius, General Standard for the Use of Dairy Terms (CXS 206-1999), FAOsubstitutes for milk products must be named for what they are and may not use dairy terms
- 5Food Safety and Standards Act, 2006 (No. 34 of 2006)establishment of FSSAI under Section 4