Ministry of Commerce and Industry issues directive following inquiry by National Commission for Protection of Child Rights
The Ministry of Commerce and Industry has issued a directive to all e-commerce platforms, instructing them to remove drinks and beverages, including Bournvita, from the category of health drinks on their websites.
The move comes after an inquiry conducted by the National Commission for Protection of Child Rights (NCPCR), a statutory body established under the Commission for Protection of Child Rights (CPCR) Act, 2005. The commission’s investigation, carried out under Section 14 of the CPCR Act, concluded that there is no specific definition for “Health Drink” under the Food Safety and Standards (FSS) Act, 2006, along with its rules and regulations, as submitted by the Food Safety and Standards Authority of India (FSSAI) and Mondelez India Food Pvt Ltd.
In light of this finding, the ministry has advised all e-commerce companies and portals to remove drinks and beverages, including Bournvita, from the category of “Health Drinks” on their platforms, as stated in the notification dated April 10.
Earlier this month, the FSSAI had instructed all e-commerce entities not to label dairy-based, cereal-based, or malt-based beverages as ‘health drink’ or ‘energy drink’. This decision stemmed from the absence of a clear definition for the term ‘health drink’ in the country’s food laws, while ‘energy drink’ was specifically designated for flavored water-based drinks, both carbonated and non-carbonated, under existing regulations.
The regulatory authority cautioned that the use of incorrect terms could mislead consumers and advised all e-commerce Food Business Operators (FBOs) to rectify this by removing or delinking such products from the ‘Health Drinks/Energy Drinks’ categories.
Highlighting the necessity for clarity and transparency in product categorization, the FSSAI emphasized the importance of ensuring that consumers can make well-informed choices without encountering misleading information.
Meanwhile, market studies reveal that the Indian energy drink and sports drink market presently stands at $4.7 billion and is anticipated to witness a Compound Annual Growth Rate (CAGR) of 5.71 percent by 2028.
