The Food Safety and Standards Authority of India (FSSAI) has recently issued a clarification regarding the categorization of certain food products on e-commerce websites. It has been brought to their attention that food products licensed under ‘Proprietary Food’ are being sold on e-commerce platforms under categories such as ‘Health Drinks’ or ‘Energy Drinks.’
According to FSSAI regulations, the term “Energy drinks” is permitted for products licensed under FCS 14.1.4.1 & 14.1.4.2, which include carbonated and non-carbonated water-based flavored drinks. These products are standardized under sub-regulation 2.10.6 (2) of the FSS (Food Product Standards and Food Additives) Regulations 2011.
However, the term ‘Health Drink’ is not defined or standardized anywhere under the FSS Act 2006 or the rules and regulations made thereunder. Therefore, FSSAI advises all e-commerce Food Business Operators (FBOs) to refrain from categorizing products falling under the purview of the FSS Act 2006 as ‘Health Drinks / Energy Drinks’ on their websites.
Instead, FBOs are urged to place such products in the appropriate category as provided under the extant law. This action aims to enhance clarity and transparency regarding the nature and functional properties of the products, enabling consumers to make informed choices without encountering misleading information.
By adhering to these guidelines, e-commerce platforms can ensure compliance with regulatory standards while promoting responsible marketing practices in the food industry. This measure underscores FSSAI’s commitment to safeguarding consumer interests and maintaining integrity within the food market.
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