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By Ms. Divya Sharma, Head - Food Law Practice

Through a notification dated 2nd December 2016, the apex food body, FSSAI has prescribed standards for Caffeinated Beverages.  Till now, there had been no standards relating to caffeinated beverage. In May 2013, FSSAI had published draft notification introducing standards for caffeinated beverages. Suggestions and objections were invited. With the present notification, caffeinated beverages are now considered as a standard product under the Food Safety and Standards Act and not a proprietary food.

The highlights of the notification are as under:

  • Water used in the preparation of caffeinated beverages should conform to the standards of packaged drinking water;
  • Caffeinated beverages shall contain not less than 145mg per liter and not more than 300 mg per liter total caffeine from whatever sources it may be derived in the formulation of the product;
  • A declaration “consume not more than 500 ml per day” shall be made on the label that represents the per day quantity;
  • In respect of ingredients, flavors, sweeteners, food additives, contaminants and microbiological requirement the product shall conform to the standards for carbonated water;
  • Labelling shall be done in accordance with the FSS (Packaging and Labelling) Regulations for pre-packaged food with the following additional provisions:
    • High Caffeine: “X mg/serving size” (where X is the amount of caffeine in milligrams per pack/serve;
    • Prominent display of caution “Not recommended for children, pregnant or lactating women, persons sensitive to caffeine.”
  • The standards for Taurine, D-glucurono Y-lactone, Onsositol, Pantothentic Acid have also been revised. Standards for some optional ingredients have also been prescribed.
  • Further the standards of Blue tint used for packaging the plastic container of five liter and above have also been specified.

As per the Notification, compliance with these standards has to be made by 1st July 2017.