1. The Modi government’s directive to e-commerce platforms prompts the reclassification of beverages like Bournvita.
2. NCPCR inquiry reveals the absence of a defined “Health Drink” category under the FSS Act 2006 and regulations.
3. FSSAI and Mondelez India Food Pvt Ltd’s submissions led to the scrutiny of the ‘healthy drinks’ classification.
New Delhi, April 13: The recent directive from the Narendra Modi government has stirred the e-commerce landscape, particularly impacting leading brands like Bournvita, as they are asked to reclassify their beverages from the ‘healthy drinks’ category.
This move follows an inquiry by the National Commission for Protection of Child Rights (NCPCR) under Section 14 of the CPCR Act, 2005, which found that the FSS Act 2006 and related regulations do not define a category for “Health Drink” as submitted by the Food Safety and Standards Authority of India (FSSAI) and Mondelez India Food Pvt Ltd.
In response to this finding, the Ministry of Commerce and Industry has issued a notification advising all e-commerce platforms to remove drinks, including Bournvita, from the ‘health drinks’ category.
This development aligns with recent guidance from the FSSAI, which urged e-commerce platforms to refrain from categorizing dairy, cereal, or malt-based beverages as ‘health drinks’ or ‘energy drinks.’
The FSSAI emphasized that such terms lack legal definition, clarifying that ‘energy drinks’ are essentially flavored water-based beverages under existing regulations.
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The rationale behind these directives is to prevent consumer misinformation and confusion. The mislabeling of products could lead consumers to make incorrect assumptions about their nutritional value or health benefits.
Therefore, e-commerce platforms are urged to either remove or rectify these misleading advertisements.
NCPCR chief Priyank Kanoongo emphasized the importance of this reclassification in a letter addressed to the Ministry, FSSAI, and the departments of consumer affairs in states and UTs.
Kanoongo highlighted the need to ensure that beverages like Bournvita are not marketed or sold under the ‘health drink’ category, aligning with regulatory clarity and consumer protection measures.
