By Apalka Bareja and Vidhi Oberoi
In the dynamic world of e-commerce where convenience meets consumer choice, the classification of products plays a crucial role in shaping purchasing decisions. Among the variety of goods available online, health and energy drinks stand out as popular choices for those seeking a quick boost or a wellness – enhancing beverage. However, the classification of these products is not always clear, leading to potential confusion among consumers. Recently, the Food Safety and Standards Authority of India (FSSAI), has released an advisory[1] wherein the FSSAI has directed the e-commerce websites for accurate classification of certain beverage categories. By ensuring that these beverages are correctly classified, consumers can make informed decisions about their purchases.
Key Highlights of the Advisory:
- Energy Drink Classification: The term “Energy drink” is permitted to be used on products which are falling under the Food Categorization System 14.1.4.1[2] & 14.1.4.2[3] . These beverages are regulated and standardized according to sub-regulation 2.10.6 (2) of FSS (Food Product Standards and Food Additives) Regulation, 2011.
- Definition of Health Drink: The term “Health Drink” lacks a defined or standardized description within the framework of the FSS Act, 2006 or its associated rules and regulations.
- Directions to the E-Commerce Food Business Operators (FBOs):
- All E-Commerce Food Business Operators (FBOs) are advised to remove drinks or beverages which are regulated under the FSS Act, 2006, from the category of “Health Drinks/Energy Drinks” on their platform.
- Instead, the E-Commerce FBOs are directed to reclassify such products into appropriate category as specified by existing FSSAI laws and regulations.
Conclusion
In conclusion, the advisory issued by the Food Safety and Standards Authority of India (FSSAI) shows the importance of accurate classification of drinks and beverages on e-commerce platforms. By directing FBOs to remove products falling under the purview of the FSS Act, 2016 from the categories of “Health Drinks/Energy Drinks”, and placing them in the appropriate category as per the existing laws and regulations, the FSSAI aims to enhance clarity and transparency for consumers. This proactive measure enables the consumers to make informed choices, thereby promoting consumer safety and confidence in online shopping experiences.
Ritvik Kashyap, Intern at S.S. Rana & Co. has assisted in the research of this Article.
[1] Clarification regarding categorization of ‘Health Drinks / Energy Drinks’ on E-Commerce website, April 3rd, 2024: https://www.fssai.gov.in/upload/advisories/2024/04/660d30f574b44Advisory_Health%20Drink_on%20e-commerce%20website.pdf
[2] Carbonated Water based flavored drinks – means water conforming to the standards prescribed for Packaged Drinking Water under Food Safety and Standard Act, 2006 impregnated with carbon dioxide under pressure and may contain any of the ingredients singly or in combination as specified under sub-clause (1) of sub-regulation 2.10.6 of FSS (Food Product Standards and Food Additives) Regulation, 2011.
[3] Non-Carbonated Water based flavored drinks – means beverages containing water conforming to the standards prescribed for packaged drinking water under these regulations without added carbon dioxide and may contain ingredients singly or in combination as specified in sub-clause (i) of sub-regulation 2.10.6 of FSS (Food Product Standards and Food Additives) Regulation, 2011.
Related Articles of SS Rana:
[1] Display of Information by E-Commerce Food Business Operators – FSSAI: https://ssrana.in/articles/display-nutritional-information-e-commerce-food-business-operators/
[2] E-Commerce Platforms to display Seller details: https://ssrana.in/articles/e-commerce-platforms-display-seller-details/
[3] National E-Commerce Policy: https://ssrana.in/articles/national-ecommerce-policy-india/
[4] E-Commerce Laws in India: https://ssrana.in/corporate-laws/information-technology-law-india/e-commerce-laws-india/
[5] Food Safety and Standards Authority of India: https://ssrana.in/corporate-laws/food-laws/food-safety-standard-authority-india-fssai/
[6] Food Safety and Standards Act, 2006: https://ssrana.in/corporate-laws/food-laws/food-safety-standard-act-india/
[7] FSSAI’s Pivotal Amendment to Alcoholic Beverages Regulations: https://ssrana.in/articles/fssais-pivotal-amendment-alcoholic-beverages-regulations/