The Food Safety and Standards Authority of India (FSSAI) has issued notices to several beverage manufacturers over the use of the term “energy drink” and promotional claims that may violate the Food Safety and Standards Act, 2006 and the regulations framed under it.
The action follows FSSAI’s review of product branding, labelling, and marketing practices, where it observed the use of descriptors and health-related claims that are not recognized under India’s current food safety standards.
Brands That Received Notices
The notices have been issued to the following brands:
- Red Bull Energy Drink
- Adrenaline Rush Energy Drink (PepsiCo India Holdings Private Limited)
- Sting Energy Drink
- Monster Energy
- Campa Energy Drink – Gold Boost
- Hell Energy Drink (Hell Energy Private Limited)
Key Observations by FSSAI
According to FSSAI, the products were marketed and labelled using descriptors such as “energy drink” on product packaging, branding, and, in some cases, e-commerce platforms.
The regulator clarified the following:
- No official standard exists for “Energy Drink” or similar products under the Food Safety and Standards Regulations.
- The Food Category System under the Food Safety and Standards Regulations is intended for regulatory classification only and cannot be used for product naming or labelling purposes.
- Manufacturers should not use category descriptors as marketing terms unless they are specifically recognized under the regulatory framework.
Functional and Therapeutic Claims Under Scrutiny
FSSAI also objected to several promotional statements that imply functional or therapeutic benefits. According to the regulator, food products cannot make claims such as:
- “Vitalizes body and mind”
- “Stimulates mind, energizes body”
- “Enhancing focus”
- “Boost energy levels”
- “Aid in general weakness”
- Any other similar functional or therapeutic claims
The regulator stated that such claims are not permissible for food products under the Food Safety and Standards Act, 2006 and the Rules and Regulations made thereunder.
Brand-Specific Observations
Red Bull Energy Drink
FSSAI observed that the product is marketed and labelled using the descriptor “energy drink” and noted promotional claims including “vitalizes body and mind,” “enhancing focus,” “boost energy levels,” and “aid in general weakness,” which it considers impermissible under existing regulations.
Adrenaline Rush Energy Drink
The regulator stated that the product is marketed using the descriptor “energy drink” on its branding and labelling. It reiterated that no notified standard currently exists for products marketed under this description.
Sting Energy Drink
According to FSSAI, Sting is marketed as an “energy drink” on product packaging and various e-commerce platforms. The regulator also referred to claims such as “stimulates mind, energizes body,” “enhancing focus,” “boost energy levels,” and “aid in general weakness” as examples of non-permissible claims.
Monster Energy
FSSAI observed that Monster Energy uses the descriptor “energy drink” in its branding while reiterating that India has not notified any regulatory standard for products marketed under that description.
Campa Energy Drink – Gold Boost
The regulator stated that the product is marketed using the descriptor “energy drink” and noted that claims relating to boosting energy or aiding general weakness are contrary to the provisions of the Food Safety and Standards Act, 2006.
Hell Energy Drink
According to FSSAI, Hell Energy Drink is also marketed using the descriptor “energy drink”, while promotional claims related to boosting energy or similar therapeutic benefits are not permissible for food products.
Regulatory Position
FSSAI has emphasized that:
- There is no notified standard for products marketed as “energy drinks.”
- The Food Category System is not intended for product branding or labelling.
- Functional or therapeutic claims suggesting health or performance benefits are not permitted for food products unless specifically allowed under the applicable regulations.
Current Status
The issuance of notices does not amount to a ban or product recall. Instead, it is a regulatory action requiring the concerned companies to respond to the observations and ensure that their product branding, labelling, and promotional claims comply with the provisions of the Food Safety and Standards Act, 2006, and the applicable Food Safety and Standards Regulations.
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