Bournvita out of “Health Drinks”
Government Directs E-commerce Platforms to Remove Bournvita and Similar Drinks from ‘Health Drinks’ Category
In a recent directive from the Ministry of Commerce and Industry, e-commerce companies have been instructed to remove various beverages, including Bournvita, from their listings under the ‘health drinks’ category.
The move follows an investigation by the National Commission for Protection of Child Rights, a body established under the CPCR Act, 2005. The commission’s inquiry, conducted under Section 14 of the same act, concluded that there exists no official definition of a “health drink” under the FSS Act, 2006, along with its associated rules and regulations, as submitted by both FSSAI and Mondelez India Food Pvt Ltd.
This decision was further influenced by the Food Safety and Standards Authority of India (FSSAI), which, on April 2nd, urged e-commerce platforms to ensure the proper categorization of food products listed on their platforms.
FSSAI’s intervention came in response to the observation of certain food items, licensed under the category of ‘proprietary food,’ such as Dairy Based Beverage Mix, Cereal Based Beverage Mix, and Malt Based Beverage, being marketed on e-commerce platforms as ‘health drinks’ or ‘energy drinks.’
The FSSAI clarified that the term ‘health drink’ lacks any standardized definition or regulation under the FSS Act, 2006, or its associated rules and regulations.
Consequently, e-commerce companies have been advised by the FSSAI to promptly rectify this misclassification by removing or unlinking such beverages from the ‘health drinks/energy drinks’ category on their platforms and placing them under the appropriate category as defined by existing laws.
Moreover, the statement issued by the ministry emphasized that proprietary foods are those that do not conform to the standards outlined in food safety and standards regulations but utilize standardized ingredients.
This corrective action aims to enhance transparency and clarity regarding the nature and functional properties of products listed on e-commerce platforms. It seeks to empower consumers to make well-informed decisions by eliminating potentially misleading information.
