- FSSAI bans
- Beverage companies object, given 90 days for compliance.
- Fast-growing market faces strict enforcement, including online platforms.
India’s food safety regulator has refused to dilute its position on the marketing of high-caffeine beverages, insisting that companies can no longer sell such products under the “energy drink” label despite objections from some of the country’s biggest beverage makers, according to a Reuters report.
The dispute centres on how these beverages are classified and marketed. The Food Safety and Standards Authority of India (FSSAI) maintains that Indian food regulations do not recognise a separate category called “energy drinks”. It has also argued that promotional claims suggesting these products “vitalise body and mind” or help overcome general weakness have the potential to mislead consumers.
The decision has prompted resistance from companies including PepsiCo, Red Bull, Monster Beverage, Reliance Consumer Products and Hell Energy, which have built their branding around promises of instant energy and alertness.
Why Has FSSAI Ordered The Change?
The regulator first announced earlier this month that it had issued notices to companies over the use of the term “energy drink”. According to FSSAI, there are currently no Indian standards governing products marketed under that description, making such labelling inconsistent with existing regulations.
The regulator also questioned health-related promotional statements commonly used in advertisements, saying they could give consumers an inaccurate impression about the products.
Reuters reported that FSSAI’s position was more explicit in discussions with manufacturers, where companies were instructed to remove the words “energy drink” and any similar descriptors from product labels.
At a meeting with industry representatives on Friday, FSSAI Chief Executive Rajit Punhani reportedly rejected requests to reconsider the decision or delay its implementation. Citing sources, the news agency reported that companies were informed they could seek legal remedies if they disagreed with the regulator’s interpretation.
The report, citing an government source, noted that the industry had agreed to implement the changes and would be given a 90-day window to comply.
Industry Says Labelling Change Could Hurt Brands
Beverage companies have argued that the directive could have far-reaching commercial implications because the products have been marketed for years as energy-boosting drinks.
The Indian Beverage Association (IBA), which represents several leading beverage companies, has urged FSSAI to adopt a more consultative approach before introducing such regulatory interpretations.
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In a confidential letter dated July 6, seen by the news agency, the association said making the notices public at an early stage risked damaging brand reputations, disrupting business operations and creating confusion among consumers.
The IBA also recommended a “risk-based enforcement approach” and said regular consultations with stakeholders would help minimise compliance issues and avoid unnecessary litigation. It added that businesses require a regulatory framework that is predictable, transparent and consultative.
Fast-Growing Category Faces Regulatory Pressure
The regulatory action comes as India’s market for high-caffeine beverages continues to expand rapidly.
Euromonitor data shows the segment accelerated after Pepsi introduced Sting in India in 2017. The brand’s Rs 20 pricing strategy helped it gain popularity, particularly among consumers aged 15 to 19 years and in rural markets.
Retail sales are expected to reach $1.6 billion by 2028, with annual growth projected at 12.6 per cent, exceeding expected growth rates in both the United States and China, according to Euromonitor. The research firm also estimates that sales volumes nearly doubled every year between 2018 and 2023.
Internationally, regulators have increasingly scrutinised drinks containing high levels of caffeine, sugar and taurine over health concerns. Reuters noted that England plans to prohibit the sale of high-caffeine energy drinks to children under 16 from April next year, while some regions in Pakistan require such beverages to be marketed as “stimulant drinks”.
Enforcement Extends To Online Marketplaces
The crackdown is no longer limited to manufacturers.
The report noted that authorities in Rajasthan have seized thousands of units of products including Sting, Campa Energy and Red Bull during an enforcement drive.
The state government has also instructed e-commerce platforms such as Amazon, Walmart-owned Flipkart, Blinkit and Swiggy Instamart to ensure products are not advertised or listed as “energy drinks”.
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