Major companies including PepsiCo, Red Bull and Monster have been given a deadline by India’s food safety regulator to remove the descriptor ‘energy drink’ from relevant products, as part of action over what it considers misbranding and misleading claims.
The ruling has an immediate packaging impact for canned beverage producers.
Affected products sold in cans will require revised artwork as manufacturers phase out designs carrying the disputed wording, with direct-printed cans requiring new decoration for future production.
India’s Food Safety and Standards Authority (FSSAI) is standing firm on a 90-day compliance period, with the deadline reported as 29 September, despite industry calls for more time to manage existing stocks, imports and packaging.
“FSSAI has not notified any standard for ‘Energy Drink’ or similar products,” the regulator said in notices published through its social media channels. “The Food Category System under the FSS Regulations is not intended for product naming or labelling purposes.”
The action covers Monster Energy, Red Bull Energy Drink, PepsiCo’s Sting Energy Drink and Adrenaline Rush Energy Drink, Reliance’s Campa Energy Drink – Gold Boost and Hell Energy.
FSSAI said it had issued notices to the beverage brands over what it described as “misbranding and misleading claims”.
For canmakers and fillers, the short transition creates a production challenge as existing decorated-can inventories are run down and replacement artwork is approved and introduced. The impact is particularly relevant to products where branding and product descriptions are printed directly onto the aluminium body rather than applied through a separate label.
Reuters reported that PepsiCo, Red Bull, Monster Beverage and Reliance sought more time to comply, arguing that large volumes of products were already in the market or covered by pending import orders.
Companies had pushed for a transition period of up to a year, but the regulator declined to extend the 90-day window.
FSSAI has also taken issue with functional or therapeutic claims associated with some of the products.
In its notice concerning Red Bull, the regulator referred to claims including “vitalizes body and mind”, “enhancing focus”, “boost energy levels” and “aid in general weakness”.
It said such claims, or similar conditions, were “not permissible for food products under the FSS Act 2006 and the Rules and Regulations made thereunder”.
The action does not prohibit caffeinated beverages themselves. India regulates carbonated and non-carbonated caffeinated beverages, but FSSAI’s position is that the Food Category System does not authorise ‘energy drink’ as a product name for labelling purposes.
Former FSSAI director Pradip Chakraborty told the FoodNavigator magazine that affected products would instead need to use the term ‘caffeinated beverage’. He also questioned the speed of the changeover.
“Huge costs are involved in preparation of the labels. Hence, 90 days is insufficient,” he said.
Chakraborty said businesses would ordinarily receive around six months to prepare for regulatory amendments, highlighting the pressure the shorter period places on companies managing packaging and existing stocks.
The Indian Beverage Association has also raised concerns about the approach. Reuters reported that the organisation warned FSSAI in July that public disclosure of preliminary notices could damage established brands, disrupt operations and confuse consumers, while calling for a more consultative and risk-based approach.
However, the association has since publicly emphasised that its members will comply.
“IBA member companies are committed to complying with all applicable regulatory requirements in India,” secretary general Dr Gunveena Chadha wrote in the association’s August newsletter.
She added that consumer safety, product quality and transparency remained priorities, while the association continued to engage with regulators on science-based policy.
Reuters reported that industry representatives ultimately agreed to comply following a closed-door meeting with FSSAI chief executive Rajit Punhani, who rejected arguments over the business impact and told executives they were free to challenge the decision in court.
Enforcement has already extended beyond future packaging production. Authorities in Rajasthan seized stocks of Sting, Campa Energy and Red Bull products in July, while e-commerce operators were instructed not to promote affected beverages as ‘energy drinks’.
The ruling comes as India’s energy drink market continues to expand. Estimates cited by Reuters put annual retail sales growth at 12.6%, with the market forecast to reach USD1.6 billion by 2028.
It also comes amid wider scrutiny of food and beverage labelling in India, with FSSAI stepping up action over product descriptions and claims it considers misleading.
