FDA warnings for ‘misleading’ oil ads

Urvashi.Seth@timesgroup.com 

The Food and Drug Administration (FDA) has begun cracking down on cooking oil manufacturers whose advertisements it considers false or misleading. The FDA has sent warnings to over 10 manufacturers and advertisers across industries, for false and misleading information on the labels of their food products. These include cooking oil makers Adani Wilmar Ltd (for their product Fortune Refined Rice Bran Oil) and Agro Tech Foods Ltd (for Sundrop Heart Oil), both of which promise consumers solutions to their cholesterol problems.
According to FDA officials, the advertisement for Fortune Refined Rice Bran Oil misleads consumers by claim things that have not or cannot be proved, including that is is 'the healthiest oil in the world'.

Similarly, Agro Tech Foods Ltd (ATFL) hasbeenissuedashow-causenoticeforits Sundrop Heart Oil advertisement, which claims to help reduce cholesterol in a month. The FDA has also pulled up thecompanyforusingpictureofaheartonits packaging, which the FDA claims is not permitted under the Food Safety & Standards Act, 2006.
"We have issued show-cause notices to a few manufacturers and advertisers to rectify their false claims immediately, on TV, newspapers and their websites. The claims made by many of these brands is are false or cannot be proved. Hence, we have asked them to rectify the errors as they are misleading readers and viewers,” said Suresh Deshmukh, joint commissioner (food), FDA.
Deshmukh added that the rise in oil prices is why many companies are trying to woo consumers with false claims. “We have also seized a few oil packets to check that there is no adulteration, as oil prices have skyrocketed. We awaiting the reports,” he said.
Adani Wilmar denied the allegation that their advertised claims were false. Angshu Mallick, its chief operating officer, said, “The matter has been sorted out.
We received a notice from the FDA and replied to them. A similar issue was brought to us by the Advertising Council Of India and we have cleared the matter with them. We have a team of scientists and researchers who have conducted a thorough study; these claims have been made only after due research. None of our claims are false. The officials have only asked ustochangeourtagline‘the healthiest oil in the world’ to ‘one of the healthiest’."
However,when MirrorspoketoDeshmukh, he hadn't received a reply from Adani Wilmar. “We are waiting for their reply, and only after that will we take action. There are few more food brands on the listandwewillissuenoticestothemto after a proper study,” Deshmukh said.
Despite repeated attempts, ATFL officials were unavailable for comment.
FOOD SAFETY & STANDARDS ACTSection 24 of the FSSA, 2006, reads:1. No advertisement shall be made of any food which is misleading or deceiving or contravenes the provisions of this Act, the rules and regulations made thereunder. 2. No person shall engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair or deceptive practice including the practice of making any statement, whether orally or in writing or by visible representation which: (a) falsely represents that the foods are of a particular standard, quality, quantity or grade- composition; (b) makes a false or misleading representation concerning the need for, or the usefulness; (c) gives to the public any guarantee of the efficacy that is not based on an adequate or scientific justification thereof: Provided that where a defence is raised to the effect that such guarantee is based on adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence.
CONSUMER SPEAKThe FDA should take stern action against brands that make false claims. We trust them with our eyes closed as they are well-known; they cannot cheat people like this. We pay a lot for their products as we believe what they say, but if their claims are false, strict action should be taken against them.

—Twinkle Singh, housewife from Powai 
We believe what manufacturers say and pay them for what they promise. Why do they cheat consumers?—Sonia Mahajan, Dombivili resident   We have issued showcause notices to a few manufacturers and advertisers to rectify their false claims immediately, on TV, newspapers and their websites.  --Suresh Deshmukh, joint commissioner (food), FDA Sends show-cause notices to manufacturers of Fortune Refined Rice Bran Oil and Sundrop Heart Oil, which make 'unproven and unprovable' claims in their advertisements.