FSSAI to Hold E-commerce Platforms Liable for Misleading Food Claims

India's food regulator, the Food Safety and Standards Authority of India (FSSAI), is planning to introduce new regulations that will hold e-commerce platforms, including Blinkit and Swiggy Instamart, responsible for misleading claims made by food manufacturers. This move aims to enhance consumer protection and transparency in online food sales.

The proposed rules will mandate the listing of manufacturing and expiry dates, along with batch numbers, for all food products. Currently, platforms often only provide the shelf life, leaving consumers unaware of the actual age of the items they purchase. Additionally, e-commerce sites will be held liable for any false or deceptive claims made by the manufacturers of the products they list. The regulations will also require mandatory disclosure of photographs and addresses for "dark kitchens."

FSSAI has already initiated enforcement actions against several platforms for non-compliance. Show-cause notices have been issued to companies like Amazon, Flipkart, and Instamart regarding misleading claims and the sale of prohibited items. State-level authorities have also taken action, with Karnataka suspending food licenses for Amazon, BigBasket, and Instamart after discovering poisonous substances being sold as food.

While platforms have previously argued they act merely as marketplaces for third-party sellers, FSSAI is asserting that all entities in the supply chain bear food safety liability. The new regulations are expected to be implemented gradually, with the FSSAI closely monitoring compliance across the e-commerce sector.