In a clear violation of a 2008 amendment to the Prevention of Food Adulteration Act banning energy drinks with caffeine content more than 145 parts per million (ppm), the import and distribution of these drinks continues unabated. In a major raid on November 16, officials of the vigilance department of the Food and Drugs Administration (FDA), Maharashtra, seized huge stocks of two energy-drink brands, estimated to cost more than Rs1 crore.
Ranjeet Singh Sahay, joint commissioner, FDA vigilance department, said raids were conducted in Mumbai and Pune stocks of the drink Cloud 9 were confiscated. “Srinath warehouse in Phursungi was raided and a stock of Cloud 9 worth Rs77 lakh seized; more than two lakh cans were confiscated. In Mumbai, the vigilance department raided Goldwin healthcare’s godown at Unique Industrial Estate, Mulund (West) and seized 22,620 Cloud 9 cans worth Rs19,57,000,” Sahay said.
He said the marketing company was trying to deceive the FDA by calling the product a combination of a fruit-based and a non-alcoholic beverage. “According to an amendment in the Prevention of Food Adulteration Act’s rule 37 in 2008, the category of the proprietary food has to be clearly mentioned. Either it can be a fruit-based drink or a non-alcoholic beverage. The caffeine content has to be less than 145 PPM. We have clear evidence of these violations,” Sahay said.
In another raid, 792 cans worth Rs59,400 of Xenia, another energy drink brand, were seized from Saki Vihar Road, Andheri. According to Suhas Chaudhari, joint commissioner, FDA, this product clearly violates caffeine content norms.
