Open Access Research Article

REGULATING ULTRA-PROCESSED FOODS IN INDIA: LESSONS FROM 3S AND OUR HEALTH SOCIETY V UNION OF INDIA

Author(s):
SARTHAK RAI SUMIT PATNAIK TUSHAR ARORA
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
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Abstract

ABSTRACT The increasing consumption of ultra-processed foods (“UPFs”) has raised concerns about their potential contribution to growing public-health problems, including obesity and non-communicable diseases. India’s existing food regulatory framework, however, primarily regulates products through their nutritional characteristics, particularly their levels of fat, sugar and salt, rather than the degree of processing involved in their production. This paper examines whether such a nutrient-centric approach is adequate to address the concerns associated with UPFs, particularly in light of 3S and Our Health Society v Union of India. It argues that while nutrient-based regulation remains necessary, it does not fully capture the distinct concerns raised by ultra-processing. At the same time, treating UPF status as an independent indicator of harm may lead to over-inclusive and disproportionate regulation. The paper therefore proposes a hybrid, risk-proportionate framework in which processing characteristics supplement, rather than replace, existing nutrient-based standards. It further examines the role of front-of-pack labelling, restrictions on child-directed marketing, food environments and periodic scientific review as complementary regulatory measures. The paper concludes that India should move towards a differentiated regulatory model in which the intensity of intervention corresponds to the nature and degree of demonstrated risk. Such an approach can strengthen public-health protection while preserving consumer autonomy, regulatory certainty and the need for evidence-based policymaking.

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Authors: SARTHAK RAI, SUMIT PATNAIK & TUSHAR ARORARegistration ID: 1013287 | Published Paper ID: IJLRA13287, IJLRA13288 & IJLRA13289Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 409-436

Article Information

REGULATING ULTRA-PROCESSED FOODS IN INDIA: LESSONS FROM 3S AND OUR HEALTH SOCIETY V UNION OF INDIA

Authors: SARTHAK RAI, SUMIT PATNAIK, TUSHAR ARORA

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
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