Submission on the Omission of Advertising Control Provisions in the Draft Food (Labelling) Regulations – 2026
| This submission is made in direct response to the Ministry’s public consultation process announced on 17 February 2026, and is intended to support the Food Advisory Committee in ensuring regulatory completeness.” |
It is respectfully noted that the Food (Labelling and Advertising) Regulations – 2022 contained a comprehensive regulatory framework governing the control and approval of food advertisements under Regulation 13 (1) to 13 (18).
These provisions established clear procedures for the regulation of food advertisements, particularly those containing health claims, nutrient function claims, or other promotional statements that may influence consumer perception and purchasing behaviour.
However, upon review of the Draft Food (Labelling) Regulations – 2026, it is observed that Regulation 13 has been significantly curtailed, with the current draft containing only four clauses (13(1) to 13(4)).
- Major Regulatory Omission
The procedural and administrative provisions previously contained in Regulations 13(5) to 13(18) of the 2022 Regulations appear to have been omitted entirely from the 2026 draft.
The omitted provisions in the 2022 Regulations provided a structured mechanism for:
- submission of applications for advertisement approval,
- payment of prescribed fees,
- review of advertisements by a technical sub-committee of the Food Advisory Committee,
- evaluation of scientific evidence supporting claims,
- administrative procedures for processing and granting approval, and
- regulatory oversight to prevent misleading or unsubstantiated food advertising.
- Regulatory Concerns
The removal of these provisions raises several serious regulatory concerns:
- Absence of a Clear Approval Procedure
Without the procedural framework previously provided in the 2022 Regulations, there is no clear mechanism for submitting, evaluating, and approving food advertisements.
- Weakening of Regulatory Control
Food advertisements—particularly those containing health-related representations—require scientific scrutiny and regulatory evaluation. The omission of these provisions may significantly weaken regulatory control specially the enforcement aspects. - Increased Risk of Misleading Advertising
Advertising has a powerful influence on consumer decision-making. Without a robust regulatory control mechanism, there is a heightened risk of misleading, exaggerated, or scientifically unsubstantiated claims being disseminated to the public. - Potential Impact on Consumer Protection
The primary objective of food legislation is the protection of public health and consumer interests. The absence of detailed regulatory procedures may undermine this objective.
- Request for Clarification
In view of the above, clarification is respectfully sought on the following matter:
What is the policy or regulatory justification for omitting the procedural provisions contained in Regulation 13(5)–13(18) of the Food (Labelling and Advertising) Regulations – 2022 in the Draft Food (Labelling) Regulations – 2026?
It is unclear whether:
- these provisions are intended to be introduced under a separate regulatory instrument, or
- the omission has occurred inadvertently during the drafting process.
- Recommendation
Considering the critical role of advertising control in protecting consumers from misleading claims, it is strongly recommended that the comprehensive provisions contained in Regulation 13(1)–13(18) of the 2022 Regulations be reinstated in the 2026 Regulations, or that an equivalent procedural framework be incorporated.
Retention of these provisions is essential in order to:
- ensure proper scientific evaluation of food advertising,
- maintain regulatory transparency and administrative consistency,
- prevent misleading or unsubstantiated promotional claims, and
- safeguard consumer interests and public health.
- Conclusion
Food advertising is a highly influential communication tool that directly affects consumer perception and purchasing decisions. Therefore, a strong and clearly defined regulatory framework is indispensable for its control.
The procedural provisions previously contained in Regulation 13 of the 2022 Regulations played a critical role in maintaining regulatory oversight over food advertising. Their omission in the Draft Food (Labelling) Regulations – 2026 creates a significant regulatory gap that may adversely affect the effectiveness of food control measures.
Accordingly, it is strongly urged that these provisions be reinstated and incorporated into the 2026 regulatory framework to ensure continued protection of consumers and effective regulation of food advertising in Sri Lanka.
P Madarasinghe
Director- Food Products Evaluation & Consultative Services
Former Assistant Director, Food Control Administration Unit of the Ministry of Health
Tel: 077 3559758
Email: [email protected]
Date: 06.03.2026
