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In a significant regulatory move, the government has instructed e-commerce companies to remove various drinks and beverages, including Bournvita, from their "health drinks" category. This directive follows an inquiry by the National Commission for Protection of Child Rights (NCPCR) and a review of the Food Safety and Standards Act (FSS Act) of 2006, which revealed that there is no formal definition of "health drink" under Indian food safety regulations.
The NCPCR, a statutory body under the Commission for Protection of Child Rights Act 2005, conducted an inquiry that concluded there is no provision for a "health drink" category under the FSS Act of 2006, nor in any of the rules and regulations submitted by the Food Safety and Standards Authority of India (FSSAI) or Mondelez India (the manufacturer of Bournvita). As a result, the Commerce and Industry Ministry issued an advisory dated April 10, 2024, directing e-commerce platforms to reclassify these products.
E-commerce platforms have been instructed to remove drinks and beverages that were being marketed as health drinks or energy drinks, such as Bournvita, from their sites. This decision aligns with the government’s broader effort to ensure transparent and accurate categorization of food and beverage products on online portals. The FSSAI had previously raised concerns about certain proprietary food products being misclassified under categories like health drinks or energy drinks.
On April 2, 2024, the FSSAI issued a notice to all e-commerce food business operators (FBOs), urging them to appropriately categorize food products on their websites. The FSSAI pointed out that many products licensed under Proprietary Food were being sold under misleading categories such as Health Drinks or Energy Drinks, which is not compliant with the regulations. According to the FSSAI, products like dairy-based, cereal-based, or malt-based beverage mixes must be categorized correctly to avoid confusion for consumers.
This regulatory intervention highlights the government’s focus on protecting consumers, particularly vulnerable groups such as children. Misleading claims about health benefits, particularly for products targeted at children, have raised concerns, prompting this action. The reclassification of products will help ensure that consumers are not misled by false health claims or improper product categorization.
The government's decision to remove drinks like Bournvita from the health drinks category on e-commerce platforms is a step toward ensuring greater transparency in online food marketing. By enforcing strict compliance with FSSAI’s guidelines, the government aims to protect consumers from misleading health claims and ensure that all food products are accurately represented.
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