India’s food regulator has challenged the use of “energy drink” branding and related performance claims, citing t

INDIA – The Food Safety and Standards Authority of India (FSSAI) has issued notices to six beverage companies over the branding and marketing of products labelled as “energy drinks,” stating that no notified standard currently exists for the category under India’s food regulations. 

The notices were served to Red Bull Energy Drink, PepsiCo India’s Adrenaline Rush Energy Drink, Reliance Consumer Products’ Campa Energy Gold Boost, Sting Energy Drink, Hell Energy and Monster Energy, which is marketed by Coca-Cola. 

According to the regulator, the companies have described their beverages as “energy drinks” despite the absence of a notified standard for such products under the Food Safety and Standards Regulations. 

FSSAI also clarified that the Food Category System under the regulations is intended solely for classification purposes and cannot be used as the basis for product naming or labelling. 

In addition to the product descriptions, the regulator objected to several functional and therapeutic claims commonly used to promote the beverages.  

It stated that claims such as “vitalizes body and mind,” “enhancing focus,” “boost energy levels,” or statements suggesting relief from weakness are not permissible for food products under the Food Safety and Standards Act, 2006, and the rules framed under it. 

The regulatory action could affect how beverage manufacturers position and advertise products in India’s rapidly expanding energy drinks market, where marketing has traditionally focused on performance, stamina, alertness and energy enhancement. 

FSSAI said it has stepped up enforcement against food business operators involved in misbranding and misleading advertisements, including cases identified through consumer complaints.  

The authority added that it has recently begun publicly disclosing enforcement actions through its social media platforms as part of broader consumer awareness initiatives. 

The latest action follows enforcement measures by the Central Consumer Protection Authority (CCPA) against packaged food manufacturers over misleading product claims. 

The CCPA recently imposed penalties of Rs 1 lakh each on Storia Foods and Beverages, which manufactures packaged juices and coconut water, and Mrs Bectors Food Specialities, which markets bread under the English Oven brand.  

Both companies were directed to immediately remove “100%” claims from product packaging, websites and digital platforms after regulators found the statements were not substantiated. 

According to the CCPA, the phrase “100%” is “a specific, absolute numerical statement” and must accurately reflect a product’s actual composition. 

The authority further stated that under the Consumer Protection Act, 2019, a claim is considered misleading if it inaccurately represents a product’s nature, ingredients or quality, or conceals material information that may influence consumer purchasing decisions. 

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