FSSAI directs e-commerce Food Business Operators to ensure appropriate categorization of beverages sold on their websites as ‘health drinks’ or ‘energy drinks’

The Food Safety and Standards Authority of India (“FSSAI”) has in an Advisory clarified to all e-commerce food business operators (“FBOs”) regarding the classification of ‘Health Drinks/ Energy Drinks’ on their website. This clarification is with a view to improve clarity and transparency regarding the nature and functional properties of these products. The goal is to enable consumers to make informed choices without encountering any misleading information.

FSSAI has stated that the term “energy drinks” is permitted for products licensed under FCS 14.1.4.1 and 14.1.4.2 (Carbonated and non-carbonated water based flavour drinks) under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. Additionally, FSSAI highlighted that the term “Health Drink” is not defined or standardized anywhere under the Food Safety and Standards Act, 2006, and its associated Rules and Regulations. Consequently, all e-commerce FBOs are advised to remove or de-link such drinks / beverages, falling under the purview of the Food Safety and Standards Act, 2006, from the category of ‘Health Drinks / Energy Drinks’ on e-commerce websites. They have been instructed to place these products in the appropriate category as provided under the law.

A copy of the Advisory has been attached herewith for ease of reference.

Source: Food Safety and Standards Authority of India

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