Loss of energy

Energy drinks may no longer be able to call themselves that. V. Kumara Swamy on a proposed regulation that seeks to clarify that their kick comes essentially from caffeine

Energy drinks in India may soon have to drop the word “energy” and settle for a less glamorous descriptive such as “caffeinated beverage” or “caffeinated drink.” Not just that. If the Food Safety and Standards Authority of India (FSSAI) has its way, they may also be asked to carry a warning. The FSSAI has proposed that the words “Not recommended for children, pregnant or lactating women, persons sensitive to caffeine” be displayed in a bold font on every can of energy drinks. The FSSAI, a government body that lays down science-based standards for food, has asked the government to carry out the necessary changes in the Prevention of Food Adulteration (PFA) Act, 1954, to bring this into effect. Currently, there are no standards for energy drinks in India, apart from the fact that a maximum level of 145 ppm (parts per million) of caffeine is allowed in India in carbonated drinks such as a colas. According to an official of the FSSAI, some of the energy drinks the organisation tested contained as much as 250 to 320 ppm of caffeine. However, energy drinks manufacturers claim that a 250 ml can would contain the same level of caffeine as a mug of instant coffee. If the government goes ahead with the recommendations of the FSSAI, some of the energy drinks in India that are likely to be affected are Red Bull, XXX, Cloud 9 and Burn. Energy drink companies were not available for comment on the guidelines proposed. The FSSAI describes a caffeinated drink as any energy drink that is non-alcoholic, and claims to have the ability to provide heightened energy and alertness. Energy drinks such as Red Bull and others are non-alcoholic beverages that contain stimulants such as caffeine, taurine, guarana ginseng, carnitine and others. “Caffeine remains a major component of these drinks. The fact is they are not energy drinks and the kick comes from the caffeine. The proposed caffeinated drink on the label would state the obvious,” says Bejon Misra, consumer activist and a member of the FSSAI board. Globally, coffee is considered the most common source of caffeine. This is followed by tea, energy and carbonated drinks. According to the FSSAI, caffeine in large amounts, especially over extended periods of time, could lead to a condition known as “caffeinism” that could cause a “wide range of unpleasant physical and mental conditions, including nervousness, irritability, anxiety, tremulousness, muscle twitching, insomnia, headaches, respiratory alkalosis, and heart palpitations.” Although some studies have pointed to cardiovascular diseases as a result of excessive intake of caffeine, others have been rather inconclusive. “One thing is for sure: anything taken in huge quantities, including caffeine, is harmful. It is for us to warn the consumers, and that's what the latest guidelines propose,” says health counsellor and nutritionist Ishi Khosla. “Scientific studies from around the world have showed that caffeine could be harmful for children and lactating mothers. And we also need to warn consumers in general about its possible ill effects,” says Vasundhara Pramod Deodhar, Mumbai Grahak Panchayat and one of the members of the FSSAI. According to Deodhar, since energy drinks in India have been promoted as energy boosters and dietary supplements in some cases, it is imperative that consumers are clearly warned. The energy drinks market in India is estimated to be valued at around Rs 250 crore and is growing at a fast pace of about 20 per cent per annum. This makes proper regulations and labelling even more important, say experts. “Several countries have strict labelling standards and it’s time India had them too. We are merely pointing to the possible ill effects of caffeine through the label. Naturally, it is for the consumer to decide whether to have it or not,” says Deodhar. On the energy drink companies’ argument that a mug of coffee could contain as much caffeine as a can of energy drink, activists say that coffee is consumed in small quantities in India and it cannot be compared to energy drinks. “That’s not an argument at all. In India we have tea and coffee in small quantities and nobody claims that they are energy drinks like these companies do,” says Misra. Since many of the energy drinks are sold in night clubs and people often mix alcohol with them, the danger of side effects is even greater, according to experts. “This is a dangerous trend. People could end up consuming a lot of these drinks along with alcohol,” says Khosla. It was this concern that prompted the Maharashtra Food and Drug Administration (MFDA) to seize lakhs of crates of a particular energy drink earlier this year, accusing it of flouting the rules on caffeine. According to an official of the MFDA, the current law that governs carbonated drinks could be applied to energy drinks on limits of caffeine. However, energy drink makers dispute this and point to a Madras High Court order that clearly states that energy drinks do not come under the rules laid down for carbonated drinks. That is why, say activists, the government needs to implement the guidelines as fast as possible. “The industry has a simple rule. If possible it would like to keep the consumer in the dark. In such a situation, the onus is on the government to frame the rules to protect consumer interests,” says Misra.