Red Bull, Sting, etc. not recognised as ‘energy drinks’, says food regulator FSSAI as it issues notices over misleading claims

The Food Safety and Standards Authority of India (FSSAI) has issued notices to various beverage brands for misbranding and making misleading claims by marketing their products as ‘energy drinks’. Separately, the Maharashtra government announced a ban on the sale of Sting energy drink and other intoxicants within 500 meters of schools.
While FSSAI said there are no standards for “energy drinks” under India’s food safety rules, the Maharashtra Food and Drug Administration (FDA) has raised concerns over the impact of such drinks on school children.

FSSAI Misbranding Marks

FSSAI shared the notifications in a post on X. The regulator said it had “issued notices to various drinks brands claiming to be ‘energy drinks’ due to misbranding and misleading claims”.

Notification name Hell Energy DrinkAdrenaline Rush Energy Drink, Red Bull Energy Drink and Sting Energy Drink.
“FSSAI has not notified any standards for ‘Energy Drink’ or similar products,” FSSAI said.

The regulator added that the Food Category System under the FSS Regulations 2011 “is not for product naming or labeling purposes”.

Disputed Claims

FSSAI said companies cannot make functional or therapeutic claims of increasing energy, improving focus or relieving general weakness unless permitted by law.
FSSAI said claims of “increasing energy”, “increasing focus” and “helping with general weakness” for Hell Energy Drink and Adrenaline Rush Energy Drink “are not permissible for food products under the FSS Act, 2006 and the Rules and Regulations made thereunder”.
The FSSAI has challenged claims for Red Bull Energy Drink that it “rejuvenates the body and mind”, “increases focus”, “increases energy levels” and “helps with general fitness”.

For Sting Energy Drink, FSSAI objected to the claims that it “stimulates the mind, energizes the body”, “increases focus”, “increases energy levels” and “helps with general fitness”.

FSSAI said such functional or therapeutic claims are not allowed for food products. The regulator said it was stepping up its review of branding and labeling practices to prevent claims that could mislead consumers or suggest regulatory approval where none exists.

Bar Sales Near Schools in MaharashtraThe Maharashtra government on Friday announced that Sting energy drink and other intoxicating substances cannot be sold within 500 meters of schools. The decision comes after concerns about ingredients in the drink that were deemed unsuitable for children.

The announcement came in response to a question raised by BJP MLA Vikram Pachpute in the state legislature. Food and Drug Administration Minister Narhari Zirwal said the decision was taken following concerns about the impact of energy drinks on school children.

“The concerns expressed by the honorable member regarding the sale of ‘Sting’ energy drink in and around school premises are valid to some extent. If sale of such energy drinks or other intoxicating substances is detected within 500 meters of the school campus, immediate action will be taken against those responsible,” Zirwal said.

The FDA has been instructed to enforce the restriction, the minister said. He said schools have also been asked to conduct awareness programs to inform students about the health risks of consuming energy drinks. Health experts note that energy drinks are often high in caffeine and sugar.

Call for Stricter Rules

Pachpute also asked whether the government would ban the sale of energy drinks to those under 18.
MLAs Rahul Kul and Varun Sardesai urged the government to take stricter steps to prevent children from easy access to such drinks.

Zirwal said the government will strengthen awareness campaigns at the school level and ensure effective implementation of the lockdown.

(Inputs from PTI)