The Ministry of Commerce and Industry has issued a directive to all e-commerce platforms to revise the classification of beverages, including popular brands like Bournvita, from the category of ‘health drink’ on their websites and platforms. This decision, published on April 10, stems from recent instructions by the Food Safety and Standards Authority of India (FSSAI) urging e-commerce companies to ensure accurate categorisation of food products sold on their platforms.
The FSSAI’s directive came in response to its observations of food items labelled as ‘proprietary food’, such as Dairy-based Beverage Mix, Cereal-based Beverage Mix, and Malt Based Beverage, being marketed on e-commerce platforms under misleading categories like ‘health drink’ or ‘energy drink’.
The statement by the ministry said, “National Commission for Protection of Child Rights, a statutory body constituted under section (3) of the Commission for Protection of Child Rights (CPCR) Act, 2005 after its inquiry under Section 14 of CPCR Act, 2005, concluded that there is no “Health Drink defined under FSS Act 2006, Rules and regulations as submitted by FSSAl and Mondelez India Food Pvt Ltd.”
It added, “Therefore, FSSAI has advised all e-commerce companies to promptly rectify this misclassification by removing or de-linking such drinks or beverages from the category of ‘health drinks/energy drinks’ on their websites and placing such products in the appropriate category as provided under the extant law.”
The statement further said, “Proprietary foods are items of food that are not standardised in food safety and standards (food product standards and food additives) regulations and food safety and standards (health supplements, nutraceuticals, food for special dietary use, food for special medical purpose, functional food, and novel food) regulations, but use standardised ingredients.”
Citing findings from the National Commission for Protection of Child Rights (NCPCR), the Ministry highlighted that there is no recognised beverage category termed Health Drink under existing regulations. The statement by the Ministry quoted the Commission’s conclusion after an inquiry that no such category is defined under the Food Safety and Standards (FSS) Act 2006, rules, and regulations.
In response to the findings, the FSSAI instructed e-commerce companies to promptly rectify the misclassification by removing or re-categorising such drinks from the ‘health drinks/energy drinks’ category on their websites. The Ministry emphasised the importance of placing these products in the appropriate category as provided under existing laws.
The Ministry clarified that proprietary foods are those not standardised in food safety and standards regulations but utilise standardised ingredients. The corrective measures aim to enhance clarity and transparency regarding the characteristics and functional attributes of products, empowering consumers to make well-informed decisions.
Reiterating the FSSAI’s stance, the Ministry emphasised that dairy, cereal, or malt-based beverages should not be classified under the ‘Health Drink’ or ‘Energy Drink’ category. The FSSAI emphasised that the term ‘Health Drink’ lacks definition in Indian food laws, while ‘Energy Drinks’ are exclusively permitted for products licensed under the Food Category System and water-based flavoured drinks.
The directive by the Ministry underscores the significance of accurate product categorization on e-commerce platforms to prevent consumer confusion and ensure adherence to regulatory standards. E-commerce companies are expected to swiftly implement the necessary changes to align with regulatory requirements and maintain transparency in product labelling and marketing.
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