In a decisive move to protect consumer interests and uphold food safety standards, the Indian government has issued a strong directive to all e-commerce entities. They have been instructed to remove certain drinks and beverages, Bournvita included, from their listings under ‘health drinks’. This follows a focused inquiry by the National Commission for Protection of Child Rights (NCPCR) concerning the classification of these products.
Operating under the auspices of the Commission of Protection of Child Rights (CPCR) Act 2005, the NCPCR, upon extensive evaluation, found that the term ‘health drink’ lacks a clear definition under the Food Safety and Standards Act (FSS Act) of 2006. The Ministry of Commerce and Industry relayed this information in an advisory note targeting e-commerce platforms, dated April 10, 2024.
With this update, e-commerce portals are strongly advised to rectify the categorization of food products on their websites, to ensure compliance with the standards stipulated by food safety authorities. The directive comes on the heels of directives given by the Food Safety and Standards Authority of India (FSSAI) on April 2, 2024.
The FSSAI’s instruction to e-commerce food business operators (FBOs) was a call to action for more appropriate product categorization on their platforms. It pointed out observed practices where food products, which are actually licensed under ‘Proprietary Food’ and would correspond better to categories such as Dairy-Based Beverage Mix, Cereal-Based Beverage Mix, or Malt-Based Beverage Mix, have been found under misleading tags like Health Drink or Energy Drink.
This issue not only pertains to consumer deception but extends to concerns of public health. While many of these beverages may be nutrient-enriched, classifying them broadly as ‘health drinks’ assumes certain health benefits that may not be substantiated. This could, consequently, influence purchasing decisions, especially amongst guardians who are looking out for the health and wellbeing of children.
The clarification from the Indian government is a vital step forward in ensuring transparency in e-commerce transactions. With an ever-growing number of consumers turning to online shopping for their groceries and everyday needs, it’s imperative that product listings are not only convenient but also truthful and reliable.
While products like Bournvita are fortified with vitamins and minerals, their classification alongside typical health-oriented products is now considered a stretch. The FSSAI has not explicitly defined health beverages, thus making this segment of the market a gray area susceptible to interpretation. The government, by stepping in, has signaled a no-tolerance stance towards ambiguity that might compromise consumer awareness and safety.
E-commerce companies are now facing the task of overhauling their listings, a process which may bring about temporary disruptions in how products are accessed and chosen by shoppers. The long-term benefits, however, promise greater clarity and might encourage brands to be more precise and responsible in how their products are portrayed and marketed.
In the broader context, this action takes a place amid increasing scrutiny by regulators worldwide on how food products are represented in digital markets. As e-commerce continues its trajectory of growth, the Indian government’s intervention may well set the precedent for other regulatory bodies to follow suit.
Consumers, for their part, are expected to welcome these changes, as the quest for healthy options has become a significant driving force in the marketplace. Accurate and informative product categorization will empower them to make better-informed choices that align with their nutritional needs and lifestyle preferences.
With the digital economy’s vast expanse, the dialogue between industry, regulatory authorities, and consumer interests has never been more crucial. The recent advisory by the Commerce and Industry Ministry serves as a pivotal episode in India’s evolving e-commerce narrative, one that underscores the commitment to safeguard consumer rights in the digital age.
