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b) The labelling of soft drinks is governed by the Food Safety and Standards (Packaging and Labelling) Regulations, 2011. “(T)he labelling provisions of carbonated beverages is in compliance with the Food Safety and Standards (Packaging and Labelling) Regulations, 2011.”
c) The advertisement of carbonated beverages is governed inter alia by the Prevention of Food Adulteration Act, 1954, Food Safety and Standards (Restriction of Advertisement) and Regulation, 2011 and the Advertising Standards Council of India (ASCI) Code.

The advertisement of carbonated beverages complies with the provisions of the Prevention of Food Adulteration Act, 1954, the Food Safety and Standards (Restriction of Advertisement) Regulation 2011 and the ASCI Code.”

7. We find that the scientific panel consists of eminent food scientists, chemical engineers, nutritionists, public health experts, toxicologists etc. Petitioner raised the contention that the objection raised by it was considered by the Committee whose title is the Scientific Panel on Labelling and Claims/Advertising, even though the Food Authority has a panel with the words “Food Additives” in its title. We find not much force in this contention, when we examine the credentials of the members of the scientific panel on labelling/advertising. Further, we notice that the grievances were examined by the experts who are scientific experts, not by the members of the panel chosen, who are only conversant with labelling/advertising etc. In any view, we notice that the Act provides for a machinery for examining the grievances and if a citizen has got any complaint with regard to the ingredients of any soft drinks, he can approach the machinery. Section 40 of FSS Act also enables the purchaser of any article of food to get analyzed such food from the Food Analyst after informating the food business operator at the time of purchase of his intention to have such article so analyzed. The Statute also provides penal provisions in case there is a contravention or non-compliance of the regulations framed.

14. The Food Authority, in exercise of its powers conferred under clause

(e) of sub-section (2) of Section 92 read with Section 16 of the FSS Act, made the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. The same is intended to regulate and monitor the manufacture, processing, distribution, sale and import of food so as to ensure the safe and wholesome food. The contents of soft drinks, in particular, are regulated by Regulation 2.10.6 of the Regulations under the title “Carbonated Water”. Food Authority is also conferred with the powers under clause (k) of sub-section (2) of Section 92 read with Section 23 of FSS Act and in exercise of those powers it framed the Food Safety and Standards (Packaging and Labelling) Regulations, 2011. Section 23 read with the above mentioned regulations provides that no person shall manufacture, distribute, sale or expose for sale or despatch or deliver to any agent or broker for the purpose of sale, any packaged food products which are not marked and labelled in the manner, as may be specified. It further provides that every food business operator shall ensure that the labelling and presentation of food does not mislead the consumers. Section 24, which we have already referred to earlier, provides for restriction on advertisement of any food which misleads or contravenes the provisions of the FSS Act or the rules and regulations made thereunder. Advertisements for carbonated beverages are being monitored by the Advertisement Standards Council of India (ASCI), as per the above mentioned regulations as well as the ASCI Code.