Beverage makers fail to get any relief from FSSAI on energy drinks misbranding

Food regulator FSSAI has given beverage companies, including PepsiCo and Reliance Consumer Products, 90 days to remove the term "energy drink" from product labels after rejecting the industry's plea for relief. The regulator says no standard exist...

New Delhi: Food regulator FSSAI has provided 90 days to beverage companies, including PepsiCo and Reliance Retail, to comply with its order to remove the misleading 'energy drinks' claim from their products, according to sources.

On July 1, the FSSAI had issued notices to six beverage firms that sell energy drinks for misbranding and misleading claims. The regulator had said it has not framed any standard for the energy drink category.

The six brands are -- Red Bull Energy Drink, PepsiCo's Adrenaline Rush Energy Drink, Reliance Consumer Products' 'Campa Energy Drink- Gold Boost', Sting Energy Drink, Hell Energy and Coca-Cola-backed Monster Energy.


According to sources, leading energy drink makers under the banner of the Indian Beverage Association (IBA) held a meeting last Friday with the Food Safety and Standards Authority of India (FSSAI) CEO and other officials regarding the notices issued by the authority.

In this meeting, food safety officials from some states, including Gujarat and Maharashtra, were also present.

Sources said the industry failed to get any reprieve from the FSSAI.
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The regulator has provided 90 days for compliance with its order, which is the removal of the term 'Energy Drink', they added.

The industry sought time to arrange new packaging material.

The effective date for the implementation of the order could not be ascertained.

While issuing notice on July 1, FSSAI noted that it has not notified any standard for "Energy Drink" or similar products.
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The regulator had stated that these brands have "marketed using descriptors such as energy drink on product branding and labelling".

The FSSAI had further said that the Food Category System under the FSS Regulations is not intended for product naming or labelling purposes.
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"Functional or therapeutic claims, including but not limited to 'vitalises body and mind', 'enhancing focus', 'boost energy levels', 'aid in general weakness', or similar conditions, are not permissible for food products under the FSS Act 2006 and the Rules and Regulations made thereunder," the regulator said.

FSSAI on Sunday said it has suspended the licence of Westend Agro Products Pvt Ltd for serious violation of laws, including alteration of manufacturing and expiry dates on many products.

In a social media post, the Food Safety and Standards Authority of India (FSSAI) said that it has suspended the licence of Westend Agro Products " following serious violations observed during inspection at the food business premises".

The regulator received a complaint regarding the alteration of manufacturing dates, packing dates, fraudulent re-labelling and sale of misbranded food products at the premises.

During the inspection, it was found that Westend Agro Products and Westend Corporation were operating from the same premises.

"Several food products were found with altered manufacturing dates, expiry dates, batch numbers and misleading label declarations," FSSAI said.
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