An activist has filed public interest litigation (PIL) against Food Safety and Standards Authority of India's (FSSAI) for permitting energy drinks manufacturing companies to increase the caffeine content beyond the earlier prescribed limit. The court, on April 9, directed these firms to reply.
Yajurvedi Rao, a social activist, had filed a right to information (RTI) application in February, seeking information about the caffeine content in popular energy drinks. He was informed that the Food and Drug Administration (FDA) officials in Maharashtra drew samples in 2009, which contained over 200 mg caffeine per litre; much higher than the prescribed limit.
The prescribed limit of caffeine in energy drinks is 145mg per litre. In 2012, FSSAI amended the existing regulations to permit firms to add more caffeine. The amended regulations stipulated that the caffeinated beverages should contain no less than 145 mg per litre and not more than 320 mg per litre . The FSSAI, thus, increased the caffeine limits by almost 175 mg per litre.
Rao then filed a PIL against the regulator, stating that they did so without thinking about the risk to human health.
Advocate Anjali Purav, who is representing Rao, confirmed that a PIL has been filed. "Caffeine, being a stimulant, could have an adverse effect on human health, which is one of the reasons why the regulators should refrain from permitting companies manufacturing caffeinated beverages to increase it beyond the prescribed limit. High caffeine content damages nervous system," she said.
"FSSAI representative has meanwhile assured that no permission will be given until the next hearing takes place on the case," said Purav. She added FSSAI has plans to make caffeinated beverages an additional category.
"Making caffeinated beverages an additional category is only to permit the companies to add more caffeine than the standards mentioned in the existing regulations," the PIL alleges. Adding to the argument, clinical nutritionist Dr Nupur Krishnan said, "Excess caffeine consumption leads to insomnia, body's reduced power to absorb calcium, increased heart rate and anxiety. Energy drinks are not meant for all kinds of bodies, as not every body can tolerate high caffeine level."
Meanwhile, An official from a popular energy drink company said, "We manufacture drinks not to kill people. Rather, one will find more caffeine in coffee than in energy drinks. The complainant has no scientific backing to prove anything."
Sneha Maisheri, a resident of Mulund said, "Permitting such high levels of caffeine is not a good idea. Companies are already flouting norms and this will allow them to do so even more. The government should not permit this, as youngsters are already addicted to them. The health department should take stern action against violators and cancel their licenses." When contacted, officials from popular energy drink company Red Bull refused to comment.
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