Navigating FSSAI Compliance: Sets Stricter Standards for E-commerce Misleading Consumers with 'Health Drink' Labels"

In recent years, there has been a significant increase in the consumption of beverages marketed as energy or health drinks. These drinks are often promoted as providing various health benefits, such as boosting energy levels, improving focus, or enhancing overall well-being. However, the categorization of these drinks can be a complex issue, particularly when it comes to regulatory compliance.

The Food Safety and Standards Authority of India (FSSAI) plays a crucial role in regulating the food and beverage industry in India. One of the key areas of focus for the FSSAI is the categorization of drinks as either energy or health drinks. This categorization is based on the ingredients used in the drinks and their intended use.

In the dynamic landscape of the food and beverage industry, compliance with regulatory standards is paramount. One such critical aspect is the categorization of drinks as energy or health drinks, as stipulated by the Food Safety and Standards Authority of India (FSSAI). Recently, the FSSAI issued a significant notification, RCD-15001/12/2023-Regulatory-FSSAI-Part(1) (E-10434), which further underscores the importance of understanding and adhering to these categorizations.

Energy drinks, often marketed for their ability to provide a quick energy boost, typically contain stimulant substances like caffeine. On the other hand, health drinks are designed to offer health benefits, such as vitamins, minerals, and antioxidants. However, the lines between these categories can sometimes blur, making compliance a nuanced process.

The recent FSSAI notification, RCD-15001/12/2023-Regulatory-FSSAI-Part(1) (E-10434), emphasizes the need for stringent compliance measures in the categorization of drinks. It lays down specific guidelines regarding the ingredients, labeling, and marketing of energy and health drinks. For instance, energy drinks must clearly state the caffeine content and carry warning labels for vulnerable groups, such as pregnant women and children. Health drinks, on the other hand, must substantiate any health claims with scientific evidence.

Clarification regarding categorization of ‘Health Drinks / Energy Drinks’ on ECommerce website -reg.

1. It has come to the notice of FSSAI that food products licensed under 'Proprietary Food' with the nearest category- Dairy Based Beverage Mix or Cereal Based Beverage Mix or Malt Based Beverage are being sold in the e-commerce website under the category ‘Health Drink’, ‘Energy Drink’ etc.

2. In this regard, it is to inform that, the term- ''Energy'' drinks is permitted to be used on the products licensed under FCS 14.1.4.1 & 14.1.4.2 (Carbonated & non-carbonated water based flavored drinks), standardized under sub-regulation 2.10.6 (2) of FSS (Food Product Standards and Food Additives) Regulations 2011. Further, ‘Health Drink’ is not defined/standardized anywhere under the FSS Act 2006 or rules/regulations made there under.

3. Therefore, all e-commerce Food Business Operators (FBOs) are hereby advised to remove / de-link such drinks / beverages falling under the purview of FSS Act 2006 from the category of ‘Health Drinks / Energy Drinks’ on their website and place such products in the appropriate category as provided under the extant law. This action will enhance clarity and transparency regarding the nature and functional properties of the products, allowing consumers to make informed choices without any misleading information.

Adhering to these guidelines not only ensures compliance with FSSAI regulations but also demonstrates a commitment to consumer safety and transparency. Consumers, too, benefit from clear labeling and accurate information, enabling them to make informed choices about the beverages they consume.

In conclusion, the categorization of drinks as energy or health drinks is a critical aspect of FSSAI compliance. The recent notification, RCD-15001/12/2023-Regulatory-FSSAI-Part(1) (E-10434), serves as a reminder of the importance of understanding and adhering to these categorizations. By doing so, manufacturers can ensure that their products meet regulatory standards, while consumers can make informed decisions about their beverage choices. FSSAI in last has scripted the reason for such action which is to enhance clarity and transparency regarding the nature and functional properties of the products, allowing consumers to make informed choices without any misleading information, and to maintain the wholesomeness of food products, being the sole reason of existence of authority in India.