Constitutional Court Mandates Colour-Coded Labelling for Sugar-Containing Food and Drinks
The Constitutional Court (MK) has partially granted a petition filed by Imamudin, an advocate, and Andru Steven, an artist, regarding a judicial review of the Consumer Protection Law and the Health Law.
The Court now mandates that business actors provide clear and accurate information by including colour-coded labels and symbols on the packaging of food and beverages containing sugar, salt, and fat.
“The verdict: 1. Granting the petitioners’ application in part,” stated the Chief Justice of the Constitutional Court, Suhartoyo, while reading the verdict at the MK Building in Jakarta on Tuesday.
The Court declared that Article 7(b) of Law 8/1999 on Consumer Protection is unconstitutional and lacks binding legal force unless interpreted as follows: “The obligation of business actors is to provide true, clear, honest, and adequate information regarding the guaranteed condition of goods and/or services, including the inclusion of colour labels and symbols on the packaging of food and beverages containing sugar, salt, and fat, as well as providing explanations for use, repair, and maintenance.”
Furthermore, the Court ruled that Article 148 of Law 17/2023 on Health is unconstitutional and lacks binding legal force unless interpreted to mean that the Central and Regional Governments are responsible for regulating and supervising the production, processing, and distribution of food and beverages, including mandating business actors to include colour labels and symbols on packaging containing sugar, salt, and fat.
“The Court orders the publication of this decision in the State Gazette of the Republic of Indonesia accordingly,” said Suhartoyo, adding that the Court rejected the remainder of the petitioners’ claims.
Previously, the legal team representing the petitioners, including Viktor Santoso Tandiasa and Rachmat Dwi Purtranto from VST and Partners Law Firm, explained that the petitioners’ constitutional rights had been harmed. The first petitioner suffers from diabetes with a blood sugar level of 749 mg/dL, while Andru Steven has been hospitalised twice due to complications caused by the consumption of sweetened beverages.
The petitioners requested that the Court mandate business actors to include colour labels accompanied by symbols on sweetened food and beverage packaging to allow consumers to identify sugar content quickly. They also sought a mandate for Central and Regional Governments to establish regulations enforcing this practice.
“According to the petitioners, existing regulations have failed to protect consumers because sugar content information is currently presented in a microscopic and manipulative manner on packaging, making it extremely difficult for consumers to identify quickly,” Viktor stated in a written statement last Sunday.
The petitioners requested the implementation of a new visual standard using colour labels (red, yellow, and green) and symbols. This measure is deemed essential so that nutritional information is no longer merely administrative but serves as an instant and inclusive risk mitigation tool for the entire population.