Labels on pre-packaged products are crucial for their sale, post-sale activities, advertising, branding, compliance, and helping consumers make informed decisions. The law accordingly provides for mandatory declarations to be displayed on these labels. This article explains the concept of Principal Display Panel (PDP), a central term within the packaged goods industry- particularly for the food sector, due to its critical role in deciding the dimensions of mandatory label declarations. For food products, the determination of PDP is more complex as label declarations need to be made under both the Food Safety and Standards Act (FSS Act) and the Legal Metrology Act (LM Act). An accurate determination of PDP under each statute is essential since any declaration not meeting the minimum size requirements may be deemed improper or illegal under relevant laws.

Labelling of pre-packaged goods generally falls under the LM Act, 2009, while specific laws deal with specific categories of goods such as the FSS Act, 2006 for food products, Drugs and Cosmetics Act, 1940 for drugs, cosmetics, ayurveda, medical devices etc. In the following paragraphs, we will examine the law under both statutes with regard to PDP and its treatment. The size and width of the font of mandatory declarations to be made on labels are primarily determined by the PDP area. 

Since food products must have declarations both under the LM and FSS Act, it becomes crucial to determine the similarities and differences between the two laws and their determination of PDP.

Under Legal Metrology

The LM Act defines a label under Section 2 (f) as “…. any written, marked, stamped, printed or graphic matter affixed to, or appearing upon any pre-packaged commodity^[1]”. Section 18^[2] provides for mandatory declarations on pre-packaged commodities. Further, Section 36^[3] specifies penalties for selling non-standard packages, non-conformity with mandatory declarations. The penalties thereunder are:

1.      Up to ₹25,000 for the first offense,

2.      Up to ₹50,000 for the second offense, and

3.      Between ₹50,000 and ₹1,00,000 or with imprisonment extending up to 1 year or both for subsequent offenses.

Clause (2) of Section 36 also outlines punishment for any errors in Net Quantity Declarations- between ₹10,000 and ₹50,000 for first offenses and up to ₹1,00,000 or with imprisonment extending up to 1 year or both for subsequent offenses.

The Government of India under the LM Act notified The Legal Metrology (Packaged Commodity) Rules, 2011 wherein all declarations to be made on the pre-packaged goods were specified. Therein the term “Principal Display Panel” was introduced under Rule 2 (h) to mean, “… the total surface area of the package where the information required under these rules are to be given in the following manner, namely:-  

(i) all the information could be grouped together and given at one place; or

(ii) the pre-printed information could be grouped together and given in one place and on line information grouped together in other place;”

Further, Rule 7^[4] provides various formulas depending upon the shape of a package to calculate the PDP to determine the size and width of characters to be used for mandatory declarations.

Under Food Law

The FSS Act defines a label under Section 2 (z) as “…. any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed, graphic, perforated, stamped or impressed on or attached to container, cover, lid or crown of any food package and includes a product insert”. The FSS Act under Section 23^[5] prohibits food products not labelled in conformity with the law, which can also classify the said product as Misbranded Food.

To govern the packaging and labelling of food products, the Government of India under the FSS Act notified (latest) Food Safety and Standards (Packaging) Regulation, 2018 and Food Safety and Standards (Labelling and Display) Regulations, 2020 (hereinafter referred to as “FSS Labelling Regulations”). For our current discussion, FSS Labelling Regulations become crucial as in addition to specifying the mandatory declarations for food products, it also provides for PDP area, size & width of letters.

PDP is defined in FSS Labelling Regulation 2 (s) as “… that part of the container/package which is intended or likely to be displayed or presented or shown or examined by the customer under normal and customary conditions of display, sale or purchase of the food article contained therein”, and Regulation 6^[6] provides for the calculation of PDP area along with size & width of letters, etc. on the label.

Analysis

PDP is thus a key factor in determining label requirements in both under the LM Act and the FSS Act. While these two statutes define PDP differently- the FSS Act expands upon the LM Act's definitions, following the approach of the USA’s FDA. According to the FSS Act, PDP refers to the part of a package that is intended or likely to be displayed to a customer. As such, PDP in essence becomes the same area for food products as is for other general goods. 

Further, both the Acts provide for the calculation of PDP based on the shape of a package, such as rectangular, cylindrical or any other shape. Both Acts treat cards or tape affixed to the packages, having a capacity equal to or less than 10 cubic centimetres, as PDP for making the mandatory declarations. Furthermore, both Acts dictate that the width of a letter, or numerals shall not be less than one-third of its height, except for the numeral “1”, and letters- I, i, and l.

However, coming to the differences, the LM Act explicitly excludes top, bottom, flange at top and bottom of cans, and shoulder and neck of bottle and jars, while the FSS Act does not make the said exclusion. These Acts prescribe the following formulas for the calculation of PDP area:

The differences, especially for packages that are rectangular or any shape other than cylindrical, result in different PDP calculations under these Acts. Consequently, minimum size requirements will differ and must be calculated differently under both Acts.

Therefore, understanding PDP is crucial for Food Business Operators (FBOs) to ensure compliance with both the applicable laws. Given the differences in how each Act defines and calculates PDP, FBOs must carefully determine the right size and width for mandatory declarations on their products to ensure proper and legally compliant branding and marketing.

The Legal Culinary Delight

This article deals with the concept of PDP, a term commonly used in the packaged goods industry including the Food industry due to its pivotal role in determining the size and width of various mandatory label declarations. The same becomes a bit complicated for food products as label declarations thereon are made both under the FSS Act and LM Act. 

To simplify things, the Principal Display Panel (PDP) is the main area on a package where essential information is shown. For food products, it is that part of a package which a customer usually sees/inspects/is exhibited to. Labels on these packages must include certain declarations by law, determining the size and width of text/numeral of these declarations is based on the PDP area. The LM Act excludes certain parts of a package for PDP (top and bottom of cans, and shoulder and neck of bottles and jars), but the FSS Act does not.

The LM Act and FSS Act have different rules for calculating PDP, especially for rectangular and non-cylindrical packages (see Table 1 above). Further, the width of letters/numbers must be at least one-third of their height, except for “1”, “I”, “i”, and "l". While for packages of 10 cubic centimetres or less, a card or tape with the mandatory declaration can be treated as PDP. 

Labels on pre-packaged products are crucial for consumer decisions and must meet legal size requirements. As a mandatory declaration not in conformity with the size prescribed, even if made may be deemed improper/illegal under the law. Thus, with the correct understanding of PDP, FBOs can promote branding and marketing giving them a competitive advantage while staying regulatory compliant & enhancing Consumer transparency.

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[1] Section 2 Definitions (f) “pre-packaged commodity” means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity.

[2] Section 18 Declarations on pre-packaged commodities.—

(1) No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed.

(2) Any advertisement mentioning the retail sale price of a pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package in such form and manner as may be prescribed.

[3] Section 36. Penalty for selling, etc., of non-standard packages.—

(1) Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not conform to the declarations on the package as provided in this Act, shall be punished with fine which may extend to twenty-five thousand rupees, for the second offence, with fine which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both.

(2) Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, any pre-packaged commodity, with error in net quantity as may be prescribed shall be punished with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and for the second and subsequent offence, with fine which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both.

[4] Rule 7. Principal display panel-its area, size and letter etc.

(1) In the case of a package having a capacity of ten cubic centimetres or less, the principal display panel may be a card or tape affixed firmly to the package and shall bear the required information.

(2) The height of any numeral and letter in the declaration required under these rules shall be as per Table–I

(3) The width of the letter or numeral shall not be less than one-third of its height, except in the case of numeral “1” and letters (i), (I) and (l);

                                                                           TABLE-I

(4) The area not including the top, bottom, flange at top and bottom of cans, and shoulders and neck of bottle and jars shall be determined in the following manner, namely:-

(a) in the case of a rectangular package, where one entire side can properly be considered to be the principal display panel side, the product of the height multiplied by the width of that side;

(b) in case of a cylindrical or nearly cylindrical package, 40 per cent. of the product of the height of the package multiplied by the circumference;

(c) in case of any other shaped package , 40 per cent. of the total surface of the package, or an area considered to be a principal display panel of the package.

(5) Except size of the numbers and letters for declaring net weight, retail sale price, date of expiry or best before or use by date (wherever and as applicable) and consumer care details, the provisions under sub-rules (1) to (4) shall not apply to a package if the information to be specified on such package under this rule is also required to be given by or under any other law for the time being in force.

[5] Section 23. Packaging and labelling of foods.–

(1) No person shall manufacture, distribute, sell 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 by regulations: Provided that the labels shall not contain any statement, claim, design or device which is false or misleading in any particular concerning the food products contained in the package or concerning the quantity or the nutritive value implying medicinal or therapeutic claims or in relation to the place of origin of the said food products. 

(2) Every food business operator shall ensure that the labelling and presentation of food, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, does not mislead consumers.

[6] Regulation 6- Principal display panel-

(1) The information required under these regulations shall be given on the principal display panel of the package or container and such information may be given in following manner, -

 (a) All information should be grouped together and given at one place.

Or

 (b) The pre-printed information be grouped together and given in one place and Online information or those not pre-printed be grouped together in another place.

(2) Area of Principal Display Panel-The area of principal display panel shall not be less than:

(a) In the case of a rectangular package, forty percent of the product of height and width of the panel of such package having the largest area;

(b)In case of cylindrical or nearly cylindrical, round or nearly round, oval or nearly oval package, forty percent of the product of the height and average circumference of such package; or

(c) In the case of package of any other shape, twenty percent of the total surface area of the package;

(d)In the case of package having a capacity of ten cubic centimetres or less, the principal display panel may be card or tape affixed firmly to the package and bearing the required information under these regulations.

(3) The height of any numeral and letter required under these regulations, on the principal display panel shall be as shown in table below:

Provided that the size of numeral and/or letters required for declaration of net weight, retail sale price, date of expiry or best before or the use by date (wherever and as applicable) and Consumer care details on the principal display panel shall be as provided in the Legal Metrology Act, 2009 (1 of 2010) and the rules made there under.

Provided further that the size of numeral or letter required for all declarations under these regulations on the crown or closure of returnable glass bottle shall not be less than 1 mm.

The width of the letter or numeral shall not be less than one-third of its height, but this proviso shall not apply in the case of numeral “1” and letters i, I and l.