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Food regulator intensifies action against misbranding
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Thursday, 16 July, 2026, 08 : 00 AM [IST]
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Anurag More, Mumbai
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The Food Safety and Standards Authority of India’s (FSSAI) recent action against misleading food labelling and advertising enforcement marks a significant shift in India's food regulatory landscape, with regulators placing as much emphasis on the legality of consumer-facing claims as on product safety, opine experts.
FSSAI has intensified its action against misleading food labelling and advertising, issuing non-compliance notices to several leading beverage manufacturers over alleged misbranding and unsubstantiated health claims. The notices cover six products: Monster Energy, Campa Energy Drink–Gold Boost, Hell Energy Drink, Red Bull Energy Drink, Sting Energy Drink, and PepsiCo's Adrenaline Rush Energy Drink.
According to public disclosures by the food regulator, the action relates to the use of unauthorised product descriptions and health-related claims on packaging, branding, and listings across retail and e-commerce platforms.
FSSAI said it has not notified or recognised any food standard for an "energy drink" or similar category under the Food Safety and Standards Regulations. While such beverages are widely marketed as energy drinks, the regulator clarified that the Food Category System is intended only for administrative classification and cannot be used for consumer-facing product naming or labelling.
The regulator also objected to several performance-enhancing and health-related claims featured on product labels and promotional material. Under the Food Safety and Standards Act, 2006, food products cannot carry functional or therapeutic claims unless they comply with applicable statutory provisions.
Among the claims flagged by FSSAI were "Stimulates mind energises body", "Enhancing focus", "Boosts energy levels", "Vitalises body and mind", and "Aids in general weakness". The authority said claims suggesting that a product can reduce fatigue, improve alertness or address general weakness are not permissible for standard food products and therefore violate food safety norms.
Sonam Chandwani, Managing Partner at KS Legal & Associates, said the enforcement action underscores that branding is a legal representation and not merely a marketing exercise.
"Under the Food Safety and Standards Act, 2006, and the Food Safety and Standards (Advertising and Claims) Regulations, 2018, every claim appearing on a food label or in promotional material must be truthful, scientifically substantiated and capable of being verified. Expressions that exaggerate performance, imply therapeutic or health benefits without evidence, or create a false impression about the nature or efficacy of a product can expose manufacturers to regulatory action," she said.
She added that regulators are likely to adopt a stricter approach towards energy drinks because they are widely consumed by young people, making misleading claims more likely to influence purchasing decisions.
According to Chandwani, the latest action also highlights that compliance extends beyond product approvals. Companies should regularly review labels, digital advertisements, marketplace listings, influencer campaigns and other promotional material to ensure all consumer-facing claims remain consistent with legal requirements and approved product formulations.
"Misbranding today carries consequences beyond regulatory notices. It can lead to product recalls, financial penalties, reputational damage, consumer litigation and heightened regulatory scrutiny. Businesses should therefore treat legal review of labels and advertising as an integral part of product compliance rather than a post-marketing formality," she said.
Rishi Agrawal, CEO and co-founder of Teamlease Regtech, said the enforcement marks a significant shift in India's food regulatory landscape, with regulators placing as much emphasis on the legality of consumer-facing claims as on product safety.
"The regulator has clarified that there is no notified standard for products marketed as energy drinks, and functional or therapeutic claims such as enhancing focus, boosting energy levels or revitalising the body and mind are not permissible unless specifically allowed under the Food Safety and Standards Act and its regulations," he said.
Agrawal said the action reinforces that compliance is no longer limited to manufacturing standards or ingredient disclosures but extends across every consumer touchpoint, including packaging, advertisements, websites, e-commerce listings and digital campaigns.
"Regulatory scrutiny is increasingly examining not only what a product contains but also how it is presented and perceived by consumers," he said, adding that businesses can no longer treat packaging approvals, advertising reviews and digital content as independent exercises.
According to Agrawal, the development also signals that compliance must be integrated into product development, branding and marketing from the outset rather than being treated as a post-campaign review process.
He said the action offers three key lessons for food and beverage companies. Product descriptions should align with notified regulatory standards rather than commercial terminology, all express or implied claims must be backed by scientific evidence and regulatory approval, and companies should establish continuous compliance governance through periodic reviews of labels, advertisements, marketplace listings and influencer content.
"This is less about one category of beverages and more about a broader compliance principle. As India's consumer protection and food regulatory frameworks mature, businesses that invest in governance, evidence-backed communication and ongoing compliance monitoring will be better positioned to mitigate enforcement risk and preserve long-term brand credibility," Agrawal said.
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