On 1st July 2026, the Food Safety and Standards Authority of India (FSSAI) issued an Energy Drink Notice to several leading beverage brands, including Red Bull, PepsiCo, Campa, Sting, Hell Energy and Monster, over the alleged misbranding and mislabelling of their products.
The FSSAI Energy Drink Notice primarily focuses on two issues. The first is the use of the term “Energy Drink” on product labels, packaging and advertisements. The second concerns claims such as “Vitalizes Body and Mind”, “Enhances Focus”, “Boosts Energy Levels” and “Aid in General Weakness.”
The FSSAI Energy Drink Notice goes beyond these six brands. If FSSAI applies the same interpretation across the industry, many other beverage manufacturers could face similar questions. This is why the matter has attracted significant attention from food businesses, regulatory professionals and legal experts.
Why Did FSSAI Issue the Energy Drink Notice?
One of the key issues raised in the FSSAI Energy Drink Notice is the use of the term “Energy Drink” on product labels.
According to FSSAI, India does not have a notified product standard specifically for an “Energy Drink.” The Authority considers “Energy Drink” to be a regulatory category rather than a legal product name. In simple terms, FSSAI believes that manufacturers should use the term only for regulatory classification and not as the commercial name of a product. Based on this interpretation, FSSAI has questioned whether using the term on product labels amounts to misbranding.
However, this issue is not entirely straightforward.
The Food Category System explains that it uses food category descriptors for classification. It also states that these descriptors are not legal product names and are not intended for labelling purposes. However, the regulations do not expressly prohibit manufacturers from using the term “Energy Drink” on product labels. They also do not state that using this term automatically amounts to misbranding.
Why the Industry Sees it Differently
Another interesting aspect is the language used in the Food Category System itself. While describing these products, it refers to them as “so called ‘energy’ drinks.” Consumers and manufacturers commonly use the term “Energy Drink” in the marketplace. Although this wording does not authorise its use as a legal product name, it adds another dimension to the ongoing debate on whether the regulations clearly prohibit such usage.
From the industry’s perspective, compliance is generally based on what the regulations expressly require. If the regulations do not clearly prohibit the use of a particular term, manufacturers may reasonably assume that they can use it. This is why many believe that the FSSAI Energy Drink Notice is not simply about compliance but also about the interpretation of the regulations.
Why Did FSSAI Question the Product Claims?
Another important issue in the FSSAI Energy Drink Notice relates to the claims made on these products.
Statements such as “Boosts Energy,” “Enhances Focus,” “Vitalizes Body and Mind” and “Aid in General Weakness” suggest that the product provides specific health or functional benefits rather than simply describing its ingredients.
FSSAI regulates such claims under the Food Safety and Standards (Advertising and Claims) Regulations, 2018.
Why Are These Claims Different?
FSSAI requires all food claims to be truthful, scientifically supported and not misleading.
Many of these beverages contain caffeine, taurine and B complex vitamins. Caffeine is widely known for improving alertness, while B vitamins contribute to normal energy metabolism. However, the presence of these ingredients does not automatically justify every marketing claim. Companies must support every claim on labels, packaging and advertisements with appropriate scientific evidence and ensure compliance with the regulations.
This distinction is important. Describing the characteristics of ingredients is different from claiming that a product will deliver a specific health or functional benefit. Such claims can directly influence consumer perception and purchasing decisions. Therefore, companies carry a greater responsibility when they communicate these benefits.
What Does the FSSAI Energy Drink Notice Mean for the Food Industry?
The FSSAI Energy Drink Notice highlights two separate regulatory issues.
The first relates to the use of the term “Energy Drink”, where the regulations leave room for different interpretations. The second relates to health and functional claims, where the regulatory requirements are much clearer.
The outcome of the FSSAI Energy Drink Notice may shape how manufacturers name products and communicate claims in the future. It also gives FSSAI an opportunity to provide clearer guidance on product naming and permissible claims. Clearer guidance will help businesses comply with the regulations while strengthening consumer confidence and ensuring greater consistency in regulatory enforcement.
Ensure Your Labels are FSSAI Compliant
Regulatory requirements for food labels and product claims continue to evolve. A small oversight in product naming or marketing claims can result in regulatory notices, product recalls or reputational risks.
Food Safety Works offers end to end regulatory support for food labelling, product claims, ingredient compliance, artwork review and FSSAI regulatory consulting. Our experienced team works closely with food businesses to ensure that product labels are accurate, compliant and market ready. Get in touch with our experts to review your labels before they reach the market.
Want to stay ahead of FSSAI advisories and food safety regulations? Download the myFssai App for real-time alerts, enforcement updates, and expert compliance guidance all in one place by Food Safety Works.‘