FSSAILegal Advice

FSSAI Licensing and Standards for Energy Drinks in India

Recently, the consumption of energy drinks in India has increased rapidly. Acquiring an FSSAI license and complying with its standards is now mandatory. Let us understand those standards.

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Did you know that the energy drink industry is now increasing at a rate of 20-25% per year in India? The Food Safety and Standards Authority of India (FSSAI) has been regulating all the FBOs in the country. So if you want to set up an energy drink manufacturing business, you must obtain an FSSAI license and comply with its regulations.

Before we get to the standards mandated by the FSSAI, let us first understand what energy drinks are.

What are Energy Drinks

Energy drinks are non-alcoholic beverages that claim to provide physical stimulation, endurance, reduce fatigue and tiredness. They are said to re-energise you, and hence the name.

Is acquiring an FSSAI license mandatory for energy drinks in India?

A study by the WHO has warned that consumption of such drinks beyond a limit can be harmful to the human body. As these drinks contain high amounts of caffeine, artificial sweeteners, taurine, and amino acid, they can affect your mood and behavior. Too much consumption can also cause serious health issues like high Blood Pressure, kidney failure, heart problems, insomnia, and dehydration.

Food license mandates the registration of these units compulsory. As consumption of these drinks is rising, FSSAI has added new standards in the Food safety and standards regulations, 2011. Non-compliance with FSSAI’s regulations may attract penalties, or get your license canceled.

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FSSAI Standards for Energy Drinks:

  1. FSSAI mandates that the level of caffeine used in energy drinks should not be less than 145 mg/l and not more than 300mg/l. The standards for other ingredients such as saccharin sodium, taurine, vitamins, methyl ester, and neotame, were also set.
  2. The beverage labels must mention the details of the fruit used in the making of the energy drink if any.
  3. To obtain an FSSAI license for your energy drink business in India, you must abide by the regulations and standards of FSSAI.
  4. Every caffeinated food manufacturer must appoint a food supervisor to check the safety levels of the drinks.
  5. The manufacturer must mandatorily conduct a hazard analysis, and an audit at periodic intervals to confirm the compliance of these drinks with FSSAI standards.

What Are the Microbiological Levels Set by FSSAI?

The energy drinks need to comply with the microbiological levels set by FSSAI, which are as follows:

  1. Total soluble solids (m/m) must not exceed 10.0%
  2. Fruit content (m/m) should not exceed 5% if it is lemon juice, and 10% if it is any other fruit.

FSSAI Standards for Packaging and Labeling of Energy Drinks:

  1. All energy drink manufacturing units must mention a caution statement written clearly on the product label, which tells that the consumption of the drink is not good for pregnant women, and children under a certain age.
  2. The manufacturer must mention the daily consumable limit per day on the product label.
  3. Energy drinks that are sold in India are required to remove the word ‘energy’ and mention the product as a ‘‘caffeinated beverage’.
  4. Plastic bottles that are made of polycarbonate and polyethylene terephthalate (PET) contain blue tint, for instance, a five-litre bottle, or above must comply with IS 9833, the Indian Standard. Also, the pigment or color used must not exceed 60 mg/litre.
  5. All products that contain Aspartame, Acesulfame, and/or any other artificial sweeteners for which there are special labeling provisions under regulations 2.4.5 of food license (Packaging and Labeling) Regulations, 2011, should not be stored, or distributed in returnable containers.

Conclusion

Even if your business deals with energy drinks imports, you must abide by the FSSAI standards, and obtain a license from the FSSAI. Our experts at Vakilsearch can help you understand the standards clearly, and get that license for you.

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