FSSAI Advises all E-Commerce FBOs to De-link Miscategorized Beverages as “Health drinks/ Energy drinks” from their Websites

What is the 2006 FSSAI Act?

According to the Food Safety and Standards Act of 2006, “An Act to consolidate the food-related laws, to establish the Food Safety and Standards Authority of India, to regulate the manufacturing, storage, distribution, sale, and import of food articles, and for matters incidental or connected thereto, in order to ensure the availability of safe and wholesome food for human consumption.”

The following laws were in place to oversee the nation’s food security before the passage of this law:

• The Prevention of Food Adulteration Act of 1954 and the Vegetable Oil Products (Control) Order of 1947
• Fruit Products Act of 1955
• 1973’s Meat Food Products Orders.

A few more acts were put into effect as well. However, the FSS Act, which was enacted by the government in 2006, combined all the provisions and guidelines outlined in the acts.

According to the notification dated April 2, all e-commerce businesses/portals are hereby advised to remove drinks/beverages, including Bournvita, from the category of “Health Drinks” from their websites/platforms. E-commerce platforms have been instructed by the Ministry of Commerce and Industry to take drinks like Bournvita and other comparable products out of the category of “health drink” in stores and shops. This decision was finalized after the National commission for Protection of children’s rights (NCPR) found out that there is no specific standard for “Health drink” under the FSS Act 2006, rules and regulations as per FSSAI and Mondelez India.

Food products licensed under ‘Proprietary Food’ with the nearest category- Dairy Based Beverage Mix or Cereal Based Beverage Mix or Malt Based Beverage are being inaccurately marketed on e-commerce websites as ‘Health Drink’, ‘Energy Drink’ etc. Considering this, the FSSAI has instructed all e-commerce FBOs to immediately correct this misclassification by eliminating or de-linking these drinks or beverages from their websites’ Health Drinks / Energy Drinks category and placing them in the proper category as specified by the applicable laws,” the regulator stated.

Items of food classified as “proprietary foods” are those that use standardized ingredients but are not standardized under the Food Safety and Standards (Food Product Standards and Food Additives) Regulation or the Food Safety and Standards (Health Supplements, Nutraceuticals, Food for Special Dietary Use, Food for Special Medical Purpose, Functional Food, and Novel Food) Regulations. The goal of this corrective action is to improve transparency and clarity about the nature and functional qualities of the products so that customers can make educated decisions without being presented with false information.

False information

Under the Food Safety and Standards (Food Product Standards and Food Additives) Regulation or the Food Safety and Standards (Health Supplements, Nutraceuticals, Food for Special Dietary Use, Food for Special Medical Purpose, Functional Food, and Novel Food) Regulations, “proprietary foods” are defined as food products that use standard ingredients but are not standardized. The FSSAI further stated that only goods that are licensed under FCS 14.1.4.1 & 14.1.4.2 (Carbonated & non-carbonated water-based flavored drinks) may be referred to as “energy drinks.” This corrective action aims to ensure that consumers can make well-informed choices without encountering misleading information by improving clarity and transparency regarding the nature and functional properties of the products,” the statement continued.

The FSSAI’s Directive

• E-commerce platforms must take these incorrectly labeled drinks out of the “Health Drink” and “Energy Drink” sections right away or de-link them.

Products should be categorized according to the current rules governing food safety.

• For customers, this action encourages clarity and transparency.

Customers will be more knowledgeable about the characteristics and nature of the goods they buy. The amount of false information that might sway purchasing decisions is reduced.

Conclusion

The directive issued by the FSSAI marks a significant step towards enhancing consumer protection and ensuring transparency within the food and beverage industry, particularly concerning health and energy drinks. This proactive measure not only promotes clarity in product categorization but also reduces the risk of misinformation influencing purchasing decisions. Ultimately, fostering an environment of trust and awareness benefits both consumers and the integrity of the market.

Reference

https://www.fssai.gov.in/upload/advisories/2024/04/660d30f574b44Advisory_Health%20Drink_on%20e-commerce%20website.pdf