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Home ›› Regulations Compliance ›› Product Standards ›› Delhi HC Issues Notice to Government on ISMA's Petition to Regulate Artificial Sugar Use

Delhi HC Issues Notice to Government on ISMA's Petition to Regulate Artificial Sugar Use

The Delhi High Court has issued a notice to the FSSAI and several ministries regarding a petition by the Indian Sugar and Bioenergy Manufacturers Association (ISMA) seeking stricter regulation of non-sugar sweeteners. The court directed the respondents to file counter affidavits within two weeks, with the next hearing scheduled for September 29. ISMA is calling for independent India-specific scientific studies, enhanced consumer warnings, and clearer labelling of products containing artificial sweeteners.

iG
iGEN Editorial
July 28, 2026
Delhi HC Issues Notice to Government on ISMA's Petition to Regulate Artificial Sugar Use

The Delhi High Court has issued a notice to the Food Safety and Standards Authority of India (FSSAI) and three central ministries in response to a writ petition filed by the Indian Sugar and Bioenergy Manufacturers Association (ISMA), according to a report by AGRI_TIO on July 28, 2026. The court has directed the respondents to file a counter affidavit or reply within 15 days.

What Changed: Court Notice and Timeline

Justice Swarana Kanta Sharma of the Delhi High Court issued the notice on a petition by ISMA that raises “important questions concerning the long-term health implications of artificial sweeteners (Non-Sugar Sweeteners – NSS) and the adequacy of the existing regulatory framework governing their use in India,” the source reported. The respondents — the ministries of Consumer Affairs, Food & Public Distribution, Health & Family Welfare, and Food Processing Industries, as well as FSSAI — must file replies within two weeks. ISMA may file a rejoinder within two weeks thereafter. The next hearing is set for September 29, 2026.

Who Is Affected

The petition directly affects food businesses, sugar mills, and food processors that use non-sugar sweeteners (NSS) or artificial sweeteners in products. ISMA, representing sugar and bioenergy producers, is seeking regulatory changes that would impact marketing, labelling, and consumer communication for products containing these ingredients. Vulnerable consumer groups — children, adolescents, pregnant women, and diabetic individuals — are also central to the petition’s concerns.

Compliance Obligations and Deadlines

As of now, no interim order restricting or regulating NSS has been issued, the source noted. However, the court has mandated that all respondent government bodies submit their counter affidavits within two weeks of the order. Companies using artificial sweeteners should monitor the proceedings closely, as potential regulatory changes — such as mandatory warning disclosures or stricter labelling rules — could follow the final hearing.

Reliefs Sought by ISMA

The petition includes several specific demands, which can be summarised as follows:

Relief Sought Details from Source
Scientific studies Independent, India-specific evaluation of long-term health implications of NSS on metabolic health, cardiovascular disease, carcinogenicity, neurological health, and consumption patterns across demographic groups.
Consumer awareness Public advisories and guidance on health implications for children, adolescents, pregnant women, diabetic individuals, and other vulnerable groups.
Transparent labelling and marketing Ensure that packaging, labelling, marketing, and presentation of products containing NSS are not false, misleading, or deceptive. Claims such as "Sugar Free", "Zero Sugar", "No Added Sugar", "Diet" must be accompanied by clear disclosure of NSS presence and statutory cautionary information on labels, advertisements, e-commerce platforms, and digital media.

Implications for Industry Compliance

While the court has not yet imposed any binding rule changes, the petition signals a growing regulatory focus on artificial sweeteners in India. Compliance teams in the food processing and sugar industry should prepare for possible amendments to FSSAI labelling regulations and heightened enforcement of existing requirements. The demand for India-specific scientific studies may also lead to new risk assessments that could affect import/export documentation for products containing NSS. Trade compliance officers should track the September 29 hearing and any subsequent directives that could alter market access conditions for sweetener-based products.


Sources: AGRI_TIO

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