- Delhi HC allows PepsiCo and Monster to sell existing stock labeled Energy Drink but bars new production
- FSSAI ordered removal of Energy Drink term due to consumer and public health concerns
- Caffeine boosts alertness but does not provide nutritional energy or calories
Reported by: Sneha Mordani, NDTV Health Editor
The Delhi High Court permitted PepsiCo and Monster Beverages to sell their existing stock of beverages labelled as "Energy Drink." The companies, however have been prohibited from manufacturing new products with the same description. PepsiCo's energy drink portfolio includes Sting Energy and Adrenaline Rush, while Monster Beverage markets Monster Energy.
Both companies had moved the High Court against the directions issued by the Food Safety and Standards Authority of India (FSSAI), over removing term "energy drink" from their product labels. The regulator had also directed food safety officials across the country to seize products with similar labels.
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Top official sources have told NDTV that caffeinated beverages are being marketed with the label "Energy Drink", a term that may create an impression of nutritional energy, enhanced vitality, or improved physical performance. Caffeine primarily acts as a stimulant, temporarily increasing alertness and reducing the perception of fatigue. It does not itself provide nutritional energy or calories.
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The term "Energy Drink", hence raises consumer-protection and public-health worries, especially when high levels of caffeine and added sugar is marketed among young consumers, sportspersons, and health-conscious individuals.
Sugar-sweetended caffeinated beverages can contain significant amount of sugar. For instance, a 250 ml of a product such as Red Bull consists nearly 27 g of sugar, crossing the 25 g per day limit for added sugar recommended by ICMR-NIN.
The description "Energy Drink" may create confusion between energy derived from calories and the short-term stimulating effects of caffeine, which increases alertness and reduces the perception of tiredness but should not be equated with nutritional energy or a direct boost in physical performance, sources said.
The usage of the term "Energy Drink" may lead to consumer misperception, especially when the overall presentation of the product depicts the impression of health, vitality, or functional benefit.
Notably, caffeinated beverages are subject to mandatory warning labelling requirements. The warning says, "NOT RECOMMENDED FOR CHILDREN, PREGNANT OR LACTATING WOMEN, PERSONS SENSITIVE TO CAFFEINE."
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However, when safety warnings appear in small print on the back or other less prominent parts of the packaging, while “Energy Drink” is prominently displayed on the front, consumers may pay more attention to the product's marketing claims than to the important safety information, raising concerns over the effectiveness and visibility of health-linked warnings.
The sources said the industry was given 90 days to comply with the regulator's directions after notices were issued in June, following a request from the industry for additional time. Sources questioned how the regulator could be considered unfair given that the companies were given sufficient time to comply. With the matter now before the court, the companies will have to abide by the applicable regulatory requirements, sources said.
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