The Food Safety and Standards Authority of India (FSSAI) has accused PepsiCo India Holdings of deliberately marketing its high-caffeine beverages, Adrenaline
Rush and Sting Energy, as 'energy drinks' to mislead consumers. In its reply before the Delhi High Court, the food safety regulator defended its action against the company, arguing that PepsiCo was aware that its products were required to comply with the prescribed standards for 'caffeinated beverages' but was continuing to market them under a category for which no specific food safety standards have been laid down. FSSAI told the court that PepsiCo was complying with the mandatory labelling and declaration requirements applicable to caffeinated beverages, indicating that the company was aware of the regulatory classification of its products. However, despite this, it was deliberately promoting the beverages as energy drinks, allegedly creating a misleading impression among consumers about their classification and nature. The food regulator said the use of the term 'energy drink' "may result in misbranding and misleading claims". FSSAI said that it had in its June 30 communication directed PepsiCo not to use the term as the name or descriptor of any food product to ensure strict compliance with the Food Safety and Standards Act, 2006 and the regulations framed under it. It further added that the communication did not create any new prohibition and that no amendments had been made. "The prohibition of false and misleading labels is enacted by Parliament and operates on its own terms," the authority said in its 57-page affidavit.
