The Food Safety and Standards Authority of India (FSSAI) is cracking down on what it deems misleading label claims.
FoodNavigator spoke to former FSSAI official Pradip Chakraborty, who continues to advise organisations in the food industry, for insight into the situation as the September 29 deadline looms ahead.
“Every energy drink sold in India will have to remove the “Energy” tag on their product and instead have to use ‘Caffeinated beverage’ for selling such a product,” Chakraborty said.
Other affected brands include India’s Campa Energy and Hungarian family-owned Hell Energy Magyarország Kft.
Chakraborty said FSSAI typically gives businesses six months to prepare for regulatory amendments, with January 1 or July 1 commonly used as implementation dates.
“Huge costs are involved in preparation of the labels. Hence, 90 days is insufficient,” said Chakraborty.
He added that, as FSSAI considers 90 days sufficient for compliance in this case, he does not expect the regulator to reconsider an extension after the deadline.
Failure to comply could result in graded penalties depending on the severity of the offence.
In most cases, misleading claims are intentional, Chakraborty said.
Non-compliant products may be seized and destroyed following legal orders, while a food business operator could face a penalty of up to two lakh rupees (INR200,000 or US$2,096) for failing to comply with requirements under the Food Safety Act, rules, regulations or orders.
A licence could also be cancelled, while companies making advertisements that falsely describe food or mislead consumers about its nature, substance or quality could face fines of up to ten lakh rupees (INR1m or US$10,476). This will have serious implication on trade, added Chakraborty.
This crackdown comes as India seeks greater transparency in food labelling to boost consumer confidence in food safety and quality.
Energy drinks appear as a food category in India’s Food Category System, but the category does not establish “energy drink” as a permitted product name under food labelling rules.
The FSSAI is therefore clamping down on what it considers misuse of the term “energy drink” on packaging labels.
What is an energy drink according to Indian food laws?
The FSSAI issued a statement on July 3 clarifying that “energy drinks” exists as a food category under India’s regulations but cannot be used as a product name or label.
Functional or therapeutic claims, including claims relating to boosting energy, aiding general weakness or similar conditions, are also not permitted.
“When FSSAI has no standards for Energy Drinks/Caffeinated beverages, these were considered as Proprietary Foods till FSSAI notified regulations for them in 2013,” Chakraborty explained.
Proprietary foods were products that did not have standardised recipes or parameters defined under FSSAI regulations but could be safely manufactured using permitted ingredients and additives.
Chakraborty, who was then FSSAI Director for Product Approval, issued Red Bull’s first No Objection Certificate (NOC) in 2012.
This was before formal standards for high-caffeine beverages had been established, while the government was working towards a regulatory framework for such products.
In 2016, FSSAI specified standards for carbonated and non-carbonated caffeinated beverages, including a caffeine requirement of not less than 145mg/litre and not more than 300mg/litre from whatever source it may be derived.
While the regulations establish standards for caffeinated beverages, FSSAI maintains that “energy drink” is not a legally recognised product name and has directed affected brands to remove the term and related impermissible functional claims from their labels.
Any claim regarding a nutrient or ingredient modifying a bodily function – such as “enhancing mental focus” or “boosting energy” – must be backed by valid scientific data and laboratory testing.
Indian standards for caffeinated beverages
Caffeine: 145–300mg/litre of total caffeine, regardless of the source.
Maximum daily consumption: The label must state: “Consume not more than 500ml per day.”
Vitamins: Thiamine, niacin, vitamin B6 and vitamin B12 may be added at up to one Recommended Daily Allowance (RDA).
Maximum amounts per day: Taurine – 2,000mg; D-glucurono-Y-lactone – 1,200mg; inositol – 100mg; pantothenic acid – 10mg.
Mandatory caution: “Not recommended for children, pregnant or lactating women, persons sensitive to caffeine.”
India doubling down on misleading labels
Calling out brands publicly may help prevent misleading label claims when food business operators fail to address them at their own level, Chakraborty said.
This is not the first time that the FSSAI has called out major brands for non-compliance of its food laws.
“In 2015, FSSAI banned Nestle’s Maggi Noodles for presence of excess lead and for declaring “No added MSG” on the label. It was the biggest recall in India and the entire stock was destroyed at a cost of INR3.2bn (US$50.5m). Nestle could restart operation only after winning the case at Bombay High Court,” Chakraborty said.
He was the Product Approval Director at FSSAI who approved nine variants of Maggi Noodles in 2013, when test results showed that all ingredients were safe for consumption.
The Maggi episode highlights the need for more rigorous checks and balances to prevent adulteration and labelling issues.
The energy-drink case now puts that regulatory scrutiny back in focus, with affected brands facing a September 29 deadline to bring their labelling into line.
