Bitter truth behind food ads: Will stricter regulations finally hold brands accountable?

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March 4, 2025

Kashmeera Sambamurthy, Storyboard18
4 March 2025

A growing number of health advocates and industry watchdogs in India are raising concerns over misleading food advertisements, challenging brands on their claims and pushing for stricter regulations in an industry where marketing often outpaces oversight.

Recently, lifestyle guru Luke Coutinho called out quick-commerce platform Zepto over what he described as a misleading advertisement for garlic bread on Instagram. Sharing a screenshot of the ad on his social media, Coutinho criticized its promotion of refined carbohydrates as a bedtime snack, calling it “unethical” and a product of corporate greed. Tagging regulatory bodies including the Food Safety and Standards Authority of India (FSSAI) and the All India Institute of Medical Sciences (AIIMS), he urged authorities to take action.

Similarly, Dr. Arun Gupta, convenor of Nutrition Advocacy in Public Interest (NAPi), a national think tank of medical experts, pediatricians, and nutritionists, highlighted a full-page advertisement in Delhi Times for Amul TRU, a fruit drink brand. The ad, published on February 14, emphasized the “goodness of real fruits in every pack,” but Gupta pointed out that the listed ingredients contained concentrated fruit rather than fresh produce.

These instances reflect a broader pattern of misleading advertising in India’s food and beverage sector. While such controversies have long existed, it was only on February 7 this year that the Indian government announced the formation of a 19-member committee, led by Union Minister of Food Processing Industries Chirag Paswan, to address deceptive marketing practices and introduce more stringent regulations.

India’s struggle with misleading food advertisements dates back years. The Advertising Standards Council of India (ASCI) and FSSAI signed an MoU in 2016 to curb deceptive advertising in the food and beverage sector. Two years later, the Ministry of Information and Broadcasting (MIB) issued an order restricting junk food advertisements on children’s television channels, though they remained permissible on mainstream networks.

Despite these measures, misleading claims persist. In 2023 alone, FSSAI flagged 32 instances of food business operators violating the Food Safety and Standards (Advertisements & Claims) Regulations of 2018. That same year, actor Amitabh Bachchan faced criticism for endorsing Britannia Milk Bikis in a Kaun Banega Crorepati Junior commercial, where the biscuits were equated with the nutritional value of atta roti and a glass of milk.

Health influencer Revant Himatsingka, widely known as ‘Food Pharmer,’ also took on the industry, calling out Cadbury Bournvita for its high sugar content. Mondelez International reduced the product’s sugar levels by 15 percent and dropped its ‘health drink’ label from marketing materials.

The regulatory landscape includes four key frameworks to combat misleading food advertisements: the Food Safety and Standards Act (FSS Act), the Food Safety and Standards (Advertising and Claims) Regulations, 2018, the Consumer Protection Act (CPA), 2019, and the ASCI Code of Self-Regulation.

However, Gupta argues that these regulations require amendments to better define misleading claims. In 2024, NAPi lodged a complaint with FSSAI against advertisements for Parle-G Royale biscuits, which allegedly misrepresented their sugar content. The response? “There is no FSS regulation which says that nutrients will be declared in the advertisement,” authorities stated.

Gupta further highlighted that when FSSAI initially flagged 150 misleading advertisements in 2023, that number was later reduced to 32, with no clear updates on enforcement actions. “When the Kaun Banega Crorepati ad equated Britannia Milk Bikis with atta roti and milk, NAPi protested. The ad was pulled, but no fines were imposed,” he noted.

Celebrity endorsements add another layer to the issue. The 2024 TAM AdEx report found that food and beverage advertisements accounted for 28 percent of all celebrity-endorsed ads in India. The Consumer Protection Act, 2019, prohibits celebrities from endorsing banned products but allows promotions unless explicitly prohibited by law.

In a telling 2006 interview with journalist Karan Thapar, Bollywood superstar Shah Rukh Khan defended his endorsement of soft drinks, arguing, “If soft drinks are bad, ban their production. If production is not stopped due to revenue concerns, don’t stop my revenue.”

ASCI CEO Manisha Kapoor observed that influencers frequently promote foods without disclosing financial ties to brands, making endorsements appear organic rather than paid sponsorships. Sweta Rajan, a partner at Economic Laws Practice, expressed concerns that celebrity-backed marketing distorts public perception of healthy eating. “The continuous exposure to such ads makes it difficult for consumers to make informed choices,” she said.

The recently formed 19-member government committee has been met with skepticism from experts who believe it may lack independence. “The committee does not include a public health expert. Half its members belong to industry bodies. It should form a subcommittee to define what constitutes healthy food,” Gupta said.

Himatsingka called for stringent penalties against brands found guilty of misleading advertisements, suggesting that companies be publicly named on a weekly basis. Rajan, meanwhile, warned against excessive regulation, arguing that it could stifle creativity. “A balance must be struck between regulation and creative advertising,” she said. Instead, she proposed incentives for brands that adopt honest marketing practices.

Some experts advocate for clearer front-of-pack labeling. “Currently, most food labels prioritize regulatory compliance over consumer awareness. Since literacy levels in India are lower than in many Western nations, labels should be simple and easy to understand,” said Devangshu Dutta, chief executive of consultancy firm Third Eyesight.

Taxation has been another approach. Many processed foods in India attract an 18 to 28 percent GST rate, yet brands such as Coca-Cola, Lays, and Haldiram’s continue to thrive. “While taxes have some impact, they are not enough on their own,” Rajan noted.

Gupta suggested replacing FSSAI’s ‘Health Ratings’ – which he says benefit the industry more than consumers – with clear warning labels on ultra-processed foods. He said, “Consumers should be alerted to the risks, not misled by arbitrary ratings.”

(Published on Storyboard18)

India bets big on zero-waste fashion

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February 23, 2025

Chitra Narayanan, BusinessLine

New Delhi, 23 February 2025

India’s formidable array of craft traditions got full play at the just concluded Bharat Tex 2025, the mega textile trade show in New Delhi that showcased the best of Indian weaves to the world. But if there was one theme that dominated this year’s textile extravaganza, aimed at generating more exports, it was the focus on zero-waste fashions and upcycling. Everywhere the eye could see were standees and gigantic posters pushing the message of conscious consumption and sustainability — be it regenerative cotton, innovative models of textile waste collection, or eco-friendly fibres.

Taking centre stage at one of the halls at Bharat Mandapam, the venue, was a section that showcased age-old traditional arts like rafugari (creative darning or artistic mending), patchwork quilts and toys, and chindi durries (the art of weaving rugs and carpets with waste).

Juxtaposed against these ethnic ways of upcycling waste were the modern works of startups that rose to the textile ministry’s grand innovation challenge to work with discarded materials. From microbial dyes that are non-polluting to flowing fashionable lehengas created out of textile waste, the startups showed that a lot can be done in this area. The ministry had challenges in three more segments — jute, silk and wool.

Some takeaways from a walk-through of the textile trade show:

Closing the loop

The fashion and textile industry generates enormous waste. How to cut down on this was a subject of much deliberation and showcases. There were a lot of good ideas on display, showing that a fair amount of work has been done with fibres (bamboo, banana, flax), as well as creativity and ingenuity in weaves and finished garments.

As Devangshu Dutta, Chief Executive of the consultancy Third Eyesight, points out, due credit must be given for the good work going into generating solutions that will reduce waste, be it textiles that are reprocessed and reused as yarn, or refashioned garments or reloved apparel. But, as he adds, on the other hand we have brands that are constantly looking to grow their business and there is a race to the bottom in terms of price. The relaunch of fast fashion retailer Shein in India is sending conflicting signals. “The basic engine is pumping out more and more products, and that has to be tackled,” he says, pointing to the competing forces at work.

The source of hope, he says, is the fact that the young are a bit more conservative about how they consume and what they consume.

Sandip Ghose, CEO of MP Birla Group, which has one of the oldest jute companies in India, was among the visitors at Bharat Tex. “As an industry insider, what I found good at Bharat Tex was that quite a bit of research seems to be on, both for finished fabric and for weaving. There was a lot of work on making jute look aesthetic. There were some vanity projects like tea leaves packed in jute bags. But the challenge is in two areas — commercialisation, and scaling up of these ideas,” he says.

He rues that the jute sector has not taken advantage of the production-linked incentive scheme at a time when the world is looking for eco-friendly and biodegradable textiles. “A tripartite partnership between the Centre (Niti Aayog and textile ministry), State government, and industry would address the issue of industry’s dependence on subsidies, labour issues and exports,” he says, adding that if India is looking at textiles as a major export area, jute is an option that has been missed.

Spinning into luxury

A clear trend evident from a tour of some of the apparel and home textile pavilions is the move towards premiumisation, similar to what is visible in other sectors, noticeably FMCG.

Talking to the manufacturers, especially those focused on the domestic market, the story one heard was that consumption had slowed in the mass segment, but was reassuringly strong in the premium segment.

Several players were also moving into the luxury and uber luxury segments. Both myTrident and Welspun had striking luxury collections.

Another trend visible in the home textiles section was the use of celebrity designers — myTrident’s eye-catching collection by resort-wear designers Shivan-Narresh; and Welspun’s beautiful sets from Kate Shand and Payal Singhal.

“When the economy suffers, it is the poor and middle class who cut down. There is no pressure to reduce consumption at the upper levels, and companies will try to tap into demand that is recession-proof,” says Dutta, explaining the push towards luxury by textile manufacturers.

New trade routes?

Export houses seemed reasonably happy with the buyer interest. Some mentioned that it was interesting to see buyers from Russia at the fair. However, for those supplying to US entities and Western Europe, the buyer interest from Russia may not translate into deals, given the risk of sanctions they could face.

To sum up, it was a fairly good showcase of India’s textile prowess to the world, but whether it will ring in more export orders is debatable as many of the problems and challenges the sector faces were swept under the carpet.

(Published in BusinessLine)

Depresso! Cafés go through the grinder

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January 9, 2025

Sagar Malviya, Economic Times
9 January 2025

Starbucks, Barista, Chaayos and Third Wave Coffee are among café chains facing the brunt of a slowdown in discretionary consumer spending. The impact is more severe for these retailers as they opened hundreds of new stores last fiscal year even as losses widened. To be sure, smaller chains such as Tim Hortons and Blue Tokai have bucked the trend.

Experts attribute the expansion rush to the urge among these retailers – both chains and standalone stores – to outpace competition. In certain instance, it led the same retailer to add stores in the same location, impacting its own growth instead of growing the pie.

At Rs 250 to Rs 350 for a cup of coffee, most chains target affluent, discerning coffee enthusiasts with artisanal brewing and experiential consumption, restricting the consumer base.

Devangshu Dutta, founder of retail consulting firm Third Eyesight, said the number of outlets have been expanding since 2022.

This was true for not just the new brands but also existing ones, Dutta said. “Cafe density in larger cities has gone up dramatically in the last couple of years.”

Growth rate fell to just 5% in FY24 from nearly 70% at Barista and Chaayos while Starbucks’ sales growth declined to 12% in FY24 from 70% in FY23. Third Wave saw sales growth slump to 67% from 355% during the period. Cafe Coffee Day posted a 9% increase in FY24, though sharply slowing from 59% a year ago.

Tim Hortons, however, more than doubled its sales last fiscal, its first full year of operations. Blue Tokai also bucked the slowdown trend with a 70% growth in FY24, compared to 73% in FY23.

Blue Tokai cofounder Matt Chitharanjan believes growth in India’s out-of-home coffee market is more than just a caffeine surge—reflecting the country’s shifting economic fabric. “Coffee consumption is strongly linked to income growth and India has reached a tipping point where it will support growth in the segment and should only accelerate going forward,” Chitharanjan told ET. “We have not seen any slowdown in coffee consumption and our positioning is also more product centric instead of just a cafe, which helped in double-digit same store sales growth.”

Tim Hortons, a Canadian coffee chain, which opened its first outlet in India in 2022, plans to have over 100 stores in the next three years. British coffee and sandwich chain Pret A Manger too launched its first shop in Mumbai as part of a franchise agreement with Reliance Brands. It plans to open up to 100 stores over the next five years. Third Wave and Blue Tokai are running more than 250 stores combined while Starbucks had over 330 stores as of March-end.

Tata Starbucks—the equal JV between Tata Consumer Products and US-based Starbucks Corp—said store footfalls have become a concern and the company has tweaked portfolio and pricing to attract traffic. Last year, the chain introduced classic hot and iced coffee starting at Rs 150 for a small cup, about 20-30% cheaper than regular coffee offered at Starbucks and other cafe chains.

“The stress is being seen across the quick service restaurant segment. It’s an overall consumer spending issue, especially in urban areas. And my hypothesis is probably food inflation is higher than what we think,” Sunil D’Souza, MD at Tata Consumer Products said during the December quarter earnings call.

Globally as well as in India, coffee growers have been hit with uncertain weather conditions while geopolitical factors are also affecting supply chains, which in turn, lifted prices to a record high. “The biggest challenge is erratic weather and climate change which has sent coffee prices to a 50-year high, but we will have to see how it impacts our pricing and profit after the current harvest,” said Chitharanjan at Blue Tokai.

(Published in Economic Times)

Fast fashion players such as M&S, Zara, H&M see fall in sales growth on spending woes

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December 14, 2024

Sagar Malviya, Economic Times
Mumbai, 14 December 2024

Fast fashion was on a slow lane in the last fiscal year. Sales growth slowed for top retailers and fast fashion brands, show the latest regulatory filings of Marks & Spencer, Zara, H&M, Levi’s, Lifestyle, Uniqlo, Benetton and Celio. The bottom line too had taken a hit, with most brands posting lower profits in the fiscal year ended March 31. Sales growth of H&M and Zara fell from 40% in FY23 to 11% and 8% in FY24, show the filings with the Registrar of Companies. Levi’s growth slowed to 4% from 54% in FY23, while that of Uniqlo halved to 31% from 60%.

The current year is not looking good either, as sticky inflation and stagnant income weigh on consumer spending on discretionary products, say experts.

Devangshu Dutta, founder of retail consulting firm Third Eyesight, said the job market has been under pressure and slower income growth for urban consumer impacted demand, a trend likely to continue even during FY25.

“There is a visible slowdown led by the urban middle class who buy branded products. These brands have been targeting young upwardly mobile consumers, who are tightening the purse strings due to the current economic circumstances of hiring slack and fewer jobs,” said Dutta. “The situation is not hunky-dory at all, and this will continue over the next few quarters.”

Being the world’s most populous country, India is an attractive market for apparel brands, especially with youngsters increasingly embracing western-style clothing. But most international and premium brands have been competing for a relatively narrow slice of the population pie in large urban centres.

Over the past few years, top global apparel and fast fashion brands struck a strong chord with young customers, racking up sales growth of between 40% and 60% in FY23, bucking the trend in a market where the overall demand for discretionary products started slowing down. This has reversed now.

Consumers started reducing non-essential spending, such as on apparel, lifestyle products, electronics and dining out since early last year due to high inflation, increase in interest rates, job losses in sectors like startups and IT, and an overall slowdown in the economy.

According to the Retailers Association of India (RAI), sales growth in organised retail segments such as apparel, footwear, beauty and quick service restaurants halved to 9% last year and slowed further to about 5% in the first six months in the current fiscal year. This slowdown came after a surge in spending across segments-from clothes to cars-in the post-pandemic period, triggered by revenge shopping.

“The base post-pandemic was extremely high, and that kind of growth is not sustainable as there is nothing spectacular in economy to drive demand,” said Kumar Rajagopalan, chief executive officer at the RAI that represents organised retailers. “Our bet was on the festive and wedding season, but we will have to wait and watch until next year for the performance numbers,” he said.

(Published in Economic Times)

Fight for 6E is giving Mahindra vehicle free publicity, say brand experts

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December 8, 2024

Sharleen Dsouza, Business Standard
Mumbai, 8 Dec 2024

The legal battle between Mahindra Electric Automobile and IndiGo Aviation over ‘6e’ continues in court, and brand experts believe the case is unlikely to stand up in law. However, Mahindra is receiving free publicity from this trademark infringement fight.

As the case progresses in the Delhi High Court (HC), Mahindra issued a statement on Saturday, saying, “We are hence taking the decision to brand our product BE 6.”

However, brand experts argue that since both companies operate in different sectors, there should not be any legal issues.

“Ideally, there shouldn’t be confusion, as they don’t operate in the same segment unless IndiGo plans to enter the car market, and vice versa. Everyone is being cautious about their brand,” said N Chandramouli, chief executive officer (CEO) of TRA Research.

He added that while everyone is being cautious about their brand, the use of ‘6e’ by Mahindra is not necessarily against the law. “It depends on what the court decides, and Mahindra Electric Automobile can prove in court that it will not harm its brand name.”

Devangshu Dutta, CEO of Third Eyesight, also said that there are several instances where brands and trademarks overlap. “From a marketing perspective, Mahindra Electric Automobile is getting free publicity from this fight. IndiGo’s position in this argument will depend on whether it has registered ‘6e’ as a trademark.”

Sandeep Goyal, chairman of Rediffusion, believes this is an interesting case. He said, “I’m not sure if ‘6e’ as a combination is registrable. However, IndiGo may well have secured the intellectual property (IP), though the trademark may not extend to automobiles.” He further added, “I’m sure Mahindra must have done its homework before using 6e in its vehicle name — it’s too public to risk unless it was unfettered and cleared by their lawyers.”

In its statement released on Saturday, Mahindra also said it has applied for trademark registration under Class 12 (vehicles) for ‘BE 6e’ as part of its electric sport utility vehicle portfolio. “The mark ‘BE’ is already registered with Mahindra in Class 12, and it stands for our Born Electric platform underpinning the BE 6e.”

“We believe it differs fundamentally from IndiGo’s ‘6e’, which represents an airline, eliminating any risk of confusion,” it added.

The statement also noted that, in the past, Tata Motors had objected to InterGlobe Enterprises using the IndiGo mark due to the Tata Indigo car brand. InterGlobe continues to use the IndiGo mark in a different industry. “We, therefore, find their objection to BE 6e inconsistent with its own previous conduct,” the statement said.

Last week, IndiGo released a statement saying that the ‘6e’ mark has been an integral part of IndiGo’s identity for the past 18 years and is a registered trademark with strong global recognition. “The ‘6e’ mark, whether standalone or in its variants and formative forms, is extensively used by IndiGo for its offerings and goods and services provided in collaboration with trusted partners.”

It added that any unauthorised use of the ‘6e’ mark, whether standalone or in any form, constitutes an infringement of IndiGo’s rights, reputation, and goodwill. “IndiGo is committed to taking all necessary and appropriate steps to safeguard its IP and brand identity,” the statement said.

The case will be heard in the Delhi HC on Monday.

(Published in Business Standard)