And corrective explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Regulations 13 to 15 of the Advertising and Claims Regulations, 2018 say what follows when a claim or advertisement does not comply. Regulation 13 points to the penalty under the Act, regulation 14 sets the procedure for dealing with misleading claims, and regulation 15 lets the Food Authority order an advertisement stopped and a corrective advertisement published.
The text is read as amended up to 13 December 2022 (FSSAI Compendium Version IV dated 14.12.2022). FSSAI compendia are reference consolidations and the Gazette text prevails. Later notifications should be checked on fssai.gov.in. A business that receives a letter about a claim can seek help through FSSAI notice reply support.
Anyone who advertises, or is party to publishing, a non-compliant advertisement or claim shall be penalised under section 53 of the Act. Misleading claims may be referred to the Food Authority or taken up on its own motion. The operator replies to a clarification letter within thirty days; a nominated officer passes a speaking order within ninety days. The Food Authority may order an advertisement stopped immediately and a corrective advertisement within thirty days.
Regulation 13: redressal of non-compliance
Regulation 13(1) reads: "Any person who advertises or is a party to the publication of any advertisement or claims not complying with this regulation shall be penalised as per section 53 of Food Safety and Standards Act, 2006 (34 of 2006)." The words "is a party to the publication" are wide and are not limited to the brand owner. For the Act's text on this penalty, see our article on section 53 of the FSS Act; this article states nothing from inside the Act.
Regulation 14: procedure for redressal
- 14(1) Misleading claims shall be referred to the Food Authority, or the Food Authority may on its own motion take any misleading claim on file. It may itself analyse the claim or appoint an agency or panel to analyse it.
- 14(2) If the agency or the Food Authority requires information from the food business operator or marketer, the Food Authority will seek clarification, failing which action shall be initiated under regulation 13(1).
- 14(3) (inserted by amendment) The food business operator or marketer shall submit the information sought within thirty days from the date of receipt of the letter seeking clarification.
- 14(4) After scrutiny of the information submitted, the officer nominated by the Authority shall pass a speaking order within ninety days, either accepting or rejecting the submitted clarification on misleading claims.
- 14(5) The Food Authority may also suggest an improvement for the claim, and the improved claim shall be intimated to the Food Authority within forty-five days from the date of receipt of the notice of the suggested improvement.
Regulation 14 speaks of the Food Authority, an agency or panel and the officer nominated by the Authority. The text prints no form for the clarification or the speaking order.
The periods in one table
| Step | Period printed | Who acts |
|---|---|---|
| Reply to the clarification letter | within thirty days of receipt | food business operator or marketer |
| Speaking order on the clarification | within ninety days (after scrutiny) | officer nominated by the Authority |
| Intimating the improved claim | within forty-five days from receipt of the notice of suggested improvement | food business operator or marketer |
| Corrective advertisement (regulation 15) | within thirty days | food business operator or advertiser |
The ninety days in 14(4) run in the text "after scrutiny of the submitted information"; the Regulations do not tie it to a calendar date and none is computed here.
Regulation 15: corrective advertisement
"If an advertisement is found to be in violation of the provisions of these regulations, the Food Authority may, by order, require the concerned food business operator or advertiser to stop it immediately and to issue corrective advertisement within thirty days through the same medium for neutralising the effect of such advertisement." Two features: the stop is immediate, and the correction goes through "the same medium", so a television advertisement is corrected on television, a print advertisement in print.
An invented example: Sparkle Beverages runs an online video saying its drink "prevents infections", which conflicts with regulation 10(1) (see our article on prohibited claims). A complaint reaches the Food Authority, which seeks clarification. Sparkle replies within thirty days, and a nominated officer passes a speaking order within ninety days rejecting the clarification. The Food Authority orders Sparkle to stop the video immediately and to run a corrective video within thirty days on the same platform; the penalty under section 53 can follow under regulation 13.
Practical points
The process rests on documents: the original advertisement, the substantiation file and the label. A business that keeps its claim substantiation in order (see regulation 4(6) in the article on general principles) can answer a clarification letter within the thirty days. The approval route for new claims is in regulations 11 and 12. The Act's advertising rule is in section 24.
Need help with a misleading-claim notice?
A clarification letter has a thirty-day clock and the quality of the reply shapes the speaking order. Our FSSAI notice reply team can review the claim, the evidence and the reply before it is filed.
Key takeaways
- Non-compliant advertisements and claims are penalised under section 53 of the Act.
- The Food Authority may take up a misleading claim on its own motion and may analyse it or appoint an agency or panel.
- Reply to a clarification letter within thirty days; a speaking order follows within ninety days.
- An improved claim is intimated within forty-five days of the suggestion.
- The Food Authority may order an advertisement stopped immediately and a corrective advertisement within thirty days through the same medium.
Read next
- Regulations 11 and 12: approval of claims
- Schedule V: natural, fresh, pure, authentic
- Section 53, FSS Act: misleadingly labelled food
- Section 24, FSS Act: restrictions on food advertising
Disclaimer: Based on the FSSAI regulations named above as consolidated in FSSAI's compendium versions or as published in the Gazette, with the later notifications the article names (consulted on fssai.gov.in on 2-3 October 2026). Later notifications and the Food Safety and Standards Act, 2006 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.