Viewing, the increase market ration of energy drinks among youngsters and reports on effects of such drinks containing caffeine, guarana, glucuronolactone, taurine, ginseng, inositol, carnitine, B-vitamins etc. as main ingredients that act as stimulants, FSSAI with help of expert group set up standards for ingredients, so such could be put to use till they do not harm.

In India, there are no standards for defining energy drinks under FSSAI, though to control the excessive usage of caffeine in such drinks has introduced FSSAI standards and an FSSAI License for energy drinks. According to the FSSAI recommendations and new standards on Food Safety and Standards Regulation, 2011, all energy drink manufacturers must follow the rules stipulations. Therefore, to launch an energy drink company in India, apply for an FSSAI License or registration.

Misuse of word “Energy/ Health drinks”:

FSSAI in its statement mentioned the misuse of word health/ energy drink for certain milk, cereals and malt-based beverages as health drinks or energy drinks on their platforms. FBO’s have been wrongly defining the proprietary food products, being sold by e-commerce platforms under the category “health” drinks or “energy” drinks.

So, to ensure proper categorization of food products and to ensure transparency and enable consumers to make well-informed choices, FSSAI in its recent notification vide RCD-15001/12/2023-Regulatory-FSSAI-Part(1) (E-10434) dated 28^th March,2024 has directed all FBO’s

• 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 flavoured drinks), standardized under sub-regulation 2.10.6 (2) of FSS (Food Product Standards and Food Additives) Regulations 2011.
• ‘Health Drink’ is not defined/standardized anywhere under the FSS Act 2006 or rules/regulations made there under
• All e-commerce Food Business Operators (FBOs) are 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.

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

CS Garima Goyal