The Food Safety and Standards Authority of India (FSSAI) announced on September 23 that it has initiated penal action against Amazon, Swiggy Instamart, BigBasket, Flipkart India, and Zepto for non-compliance. The issues include misleading claims and the sale of prohibited products. The Hindustan Times reported that this action was taken under the Food Safety and Standards Act, 2006, and relevant FSSAI regulations.

FSSAI identified misbranding, misleading claims, and the sale or display of prohibited or poisonous food articles as violations. It also raised concerns about product information on the platforms. The announcement was made via FSSAI’s official social media account, reports the Economic Times.

As per ET, the regulator said it had “stepped up enforcement action against food business operators (FBOs) and e-commerce companies over the past six months”. FSSAI is reportedly also using social media platforms “to inform consumers about such enforcement measures.”

The products named

Happilo Premium Date Bites – Zesty Orange. This product was flagged for misleading or non-compliant claims, and it features in the action against all five platforms.

Milky Mist dairy products. FSSAI raised concerns over the product information and claims for Milky Mist Fresh Low Fat Cream, Farm Fresh Curd and Greek Yoghurt on Swiggy Instamart and BigBasket.

Datura (Dhatura) fruits and seeds. Amazon Seller Services, Swiggy Instamart and BigBasket face action for selling Dhatura, a poisonous fruit or seed often used in religious offerings to Lord Shiva. The listings were on BigBasket, Amazon and Swiggy Instamart.

Platform response

Email queries to the platforms received no immediate response, reports CNBC TV18. A source at a quick-commerce platform told Business Standard that the company complies with legal requirements and responds to authority notices within the required timeframe. The reports reviewed did not specify potential FSSAI penalties.

Why it matters

The action holds platforms accountable for their listings, not just the sellers. One commentary observed that FSSAI’s move indicates large platforms cannot treat product listings as passive digital noticeboards, as they display claims and nutrition statements to millions of consumers. However, this is an interpretation of the action, not an official FSSAI position.

Following FSSAI’s June 14 notices to 14 D2C food brands for misleading claims, MediaNama reported that most flagged products remain available on Blinkit, Zepto, Instamart, Amazon Fresh, and Flipkart Minutes with the same claims. Section 27 of the FSS Act holds sellers liable for misbranded food, but the maximum penalty remains Rs 10 lakh, unchanged since 2006. Blinkit’s move to own inventory complicates accountability, as it can now be the seller of record. Some argue that platforms should not be liable for D2C brands’ claims, suggesting the main issue is the enforcement of food advertising regulations.

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