Food regulatory update
Energy drinks under the FSSAI scannerWhat the 2026 notices really mean
Caffeine in energy drinks is already regulated in India. Now the term “Energy Drink” and the claims attached to it are under regulatory scrutiny too. This guide explains what the caffeinated beverage standard already requires, where the real risk lies, and what manufacturers should review now.
- The 2026 notices are not a ban on “Energy Drinks”.
- A standard covering caffeine in energy drinks (as caffeinated beverages) already exists.
- The bigger concern is functional claims such as “Enhances Focus”.
- Classification, composition, test data, labels and claims should be reviewed together.
“Energy Drink” has been in everyday use in India for years, by manufacturers and consumers alike.
In July 2026, the Food Safety and Standards Authority of India (FSSAI) issued notices to several leading beverage brands. These notices have placed that term, and the claims attached to it, under regulatory scrutiny.
The notices raise two distinct issues:
It would be inaccurate to say that caffeine in energy drinks is unregulated in India. A standard for Caffeinated Beverages already exists under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations.
The difference is one of vocabulary. The standard is written for “Caffeinated Beverage,” while the market says “Energy Drink.” Regulatory and commercial terminology have therefore not always been read the same way.
The regulatory journey
The concern is not new.
- 2010: the revised draftFSSAI issued a Revised Draft on Regulation of Energy Drinks and Caffeine. It stated that standards for carbonated and non-carbonated energy drinks needed to be laid down.
- What the draft proposedThe term “caffeinated drinks”, and the need to limit consumption by considering total caffeine intake from all ingredients and food items consumed during the day.
- The framework that evolvedThe draft was not finalised as a separate regulation titled “Energy Drinks.” However, Clause 2.10.6(2) of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations prescribes standards for Carbonated and Non-Carbonated Caffeinated Beverages.
- July 2026: the noticesSeveral leading beverage brands receive notices on the term and the claims.
The current position, therefore, cannot be described as a regulatory lapse.
Caffeine in energy drinks: what the caffeinated beverage standard requires
The standard lays down requirements for both composition and labelling.
Beyond the range for caffeine in energy drinks and other caffeinated beverages, the standard also requires:
- Optional ingredientsMaximum daily amounts for certain optional ingredients, including Taurine, D-glucurono-γ-lactone, Inositol and Pantothenic Acid.
- Daily consumption declaration“Consume not more than 500 ml per day”
- Caffeine declaration“High Caffeine: X mg/serving size”
- Cautionary statement“Not recommended for children, pregnant or lactating women, persons sensitive to caffeine”
Whether a standard exists is therefore not the question. The question is how products marketed as “Energy Drinks” are to be classified, named and presented within it.
Where “energy drink” fits
The FSSAI Food Category System (FCS) provides two categories for caffeinated beverages. Their descriptions refer to products commonly known as “energy” drinks.
- FCS 14.1.4.1Carbonated Caffeinated Beverages
- FCS 14.1.4.2Non-Carbonated Caffeinated Beverages
In 2024, FSSAI issued an advisory on the categorisation of “Health Drinks / Energy Drinks” on e-commerce platforms. It clarified that the term “Energy” may be used for products licensed under FCS 14.1.4.1 and 14.1.4.2 and standardised under Clause 2.10.6(2).
Why this matters for the 2026 action: a food category used for regulatory classification is not the same as a name or descriptor on the label. Manufacturers now need to understand that distinction carefully.
The bigger concern: claims
“Boosts Energy,” “Enhances Focus,” “Vitalizes Body and Mind” and “Aids in General Weakness” go beyond describing a product or its ingredients. They communicate a benefit or effect to the consumer.
They must therefore be assessed under the Food Safety and Standards (Advertising and Claims) Regulations, 2018.
The presence of caffeine in energy drinks, or of taurine or vitamins, does not, by itself, establish that every functional claim associated with those ingredients can be made.
Claims are thus likely to remain an important area of regulatory scrutiny.
What happens if a manufacturer does not act
Misbranding and misleading advertisements are dealt with separately under the Food Safety and Standards Act:
- Section 52: misbranded foodPenalty may extend to ₹3 lakh.
- Section 53: misleading advertisementPenalty of up to ₹10 lakh. The Advertising and Claims Regulations also link non-compliant claims to action under this section.
Penalties are not the only exposure
A food business operator (FBO) can face escalating action:
- An improvement notice can be issued.
- Failure to comply may lead to further action, including a show-cause notice.
- Continued non-compliance can result in suspension of the licence.
Labelling and claims issues should therefore not wait for a notice. The practical approach is to identify the issue before it becomes an enforcement issue.
What manufacturers should review now
Scrutiny now extends beyond the FSSAI licence and basic label compliance. Five reviews are best done together:
Regulatory classification
Is the product in the correct FSSAI food category, and does the formulation correspond to it?
Product composition
Does the formulation meet the applicable standard, including caffeine and the other specified ingredients?
Analytical verification
Does the actual caffeine content match the specification and the declaration? The manufacturer should be able to demonstrate this with analytical data.
Claims and advertising
Can each claim be substantiated, and is it used consistently across the website, e-commerce listings, advertisements and social media? A claim does not become irrelevant simply because it appears online rather than on the pack.
Labelling compliance
Review the entire artwork:
- Product name and description
- Caffeine declaration
- Serving size
- Daily consumption declaration
- Mandatory cautionary statements
- Ingredient declarations
- Nutritional information
- Nutritional and functional claims
- Any other representation on the pack
Testing caffeine in energy drinks: where the laboratory fits
This is where compliance moves from interpretation to evidence. Laboratory testing establishes whether the actual product meets the applicable specifications:
- Caffeine content
- Other chemical, nutritional, microbiological and safety parameters, depending on the formulation and requirements
Where the standard prescribes a permissible caffeine range, the result is documented evidence of the actual level in the finished product.
This matters most when classification, formulation and label are reviewed together, because each review needs a verified value to work from. Testing should therefore be part of the product’s ongoing compliance process, not a one-time exercise after a notice.
Way forward
The 2026 notices are not a ban on “Energy Drinks,” and they do not mean that caffeine in energy drinks lacks a regulatory standard. They bring into focus:
- the use of the term,
- the claims attached to these products, and
- whether the way they are presented to consumers is consistent with the framework already in place.
The recent action is also a reminder that regulatory interpretation can raise the level of scrutiny around an established product category.
Each stage should support the next.
When it comes to compliance, what is written on the can is only one part of the story. What is inside the can is a testing question before it is a marketing one.
Speak to Envirocare Labs
For over 47 years, Envirocare Labs has helped food and beverage businesses meet India’s food safety requirements. Our NABL-accredited, FSSAI-notified food testing laboratory can verify the level of caffeine in energy drinks and other applicable parameters of your beverage against the standard. Our regulatory experts can also review your label and product claims before they reach the market. That way, you have the evidence ready before a regulator asks for it.
Accreditation applies to tests within our scope. Label and claims review is an advisory service offered alongside accredited testing.
Frequently asked questions
Has FSSAI banned energy drinks?
No. The 2026 notices are not a ban on “Energy Drinks.” They focus on the use of the term, the claims attached to these products, and how they are presented to consumers.
Is there an FSSAI standard for energy drinks?
Yes, under a different name. Clause 2.10.6(2) of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations sets standards for Carbonated and Non-Carbonated Caffeinated Beverages, including total caffeine of not less than 145 mg/L and not more than 300 mg/L.
Can a caffeinated beverage label say “Enhances Focus”?
Only if the claim holds up under the Food Safety and Standards (Advertising and Claims) Regulations, 2018. “Contains X mg caffeine per serving” describes composition. “Enhances Focus” communicates a functional effect, which needs assessment under the claims framework, including scientific substantiation.
How does laboratory testing help with compliance?
Testing establishes whether the actual product meets the applicable specifications, starting with caffeine content. Where the standard prescribes a permissible range, the result is documented evidence of the actual level in the finished product.
