In a recent directive, the Food Safety and Standards Authority of India (FSSAI) has called upon all e-commerce Food Business Operators (FBOs) to ensure the accurate categorization of food products listed on their platforms. The move comes in response to instances flagged by FSSAI, where food products licensed under the category of 'Proprietary Food' have been incorrectly labeled and sold under categories such as 'Health Drink' or 'Energy Drink' on various e-commerce websites.
FSSAI has emphasized the importance of precise categorization, highlighting discrepancies observed in the labeling and sale of certain food items. Notably, products licensed as 'Proprietary Food', which utilize standardized ingredients but do not fall under specific regulations, have been found misclassified under misleading categories such as 'Health Drink' or 'Energy Drink'.
Lack of Definition for 'Health Drink'
One key issue addressed by FSSAI is the absence of a standardized definition for the term 'Health Drink' within the framework of the FSS Act 2006 and its associated rules and regulations. As a result, the authority has advised e-commerce FBOs to promptly rectify any misclassification by removing or delinking such products from categories like 'Health Drinks / Energy Drinks' and placing them under the appropriate category as stipulated by existing laws.
Proprietary Foods, as defined by FSSAI, refer to food items that do not adhere to the standardization outlined in the Food Safety and Standards (Food Product Standards and Food Additives) Regulations 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. Despite utilizing standardized ingredients, these products operate outside specific regulatory frameworks.
Restrictions on the Term 'Energy Drinks'
Moreover, FSSAI has clarified that the term 'Energy Drinks' is permissible only for products falling under specific categories outlined in the Food Category System (FCS) 14.1.4.1 and 14.1.4.2, which pertain to carbonated and non-carbonated water-based flavored drinks. These categories are standardized under sub-regulation 2.10.6 (2) of the Food Product Standards and Food Additives Regulations 2011, specifically referring to caffeinated beverages.
The corrective measures initiated by FSSAI aim to enhance clarity and transparency regarding the nature and functional properties of food products available on e-commerce platforms. By ensuring accurate categorization, the authority seeks to empower consumers to make well-informed choices, free from misleading information.
