FSSAI Clarifies Beverage Labeling Rules, Cautions Against Misleading Packaging

The Food Safety and Standards Authority of India (FSSAI) has clarified the legal definition of “tea,” stating that only beverages made from the Camellia sinensis plant can be marketed as such. This announcement comes in response to the growing trend of food business operators labeling products like “Rooibos Tea” and “Herbal Tea,” which do not originate from the tea plant. The FSSAI emphasized that mislabeling these products constitutes a violation of food safety regulations, urging compliance from all food businesses.

Clarification on Tea Definition

In a press release issued on Wednesday, the FSSAI outlined the specific criteria that must be met for a beverage to be classified as tea. According to the authority, only products derived from the Camellia sinensis plant, including varieties such as Kangra tea, green tea, and instant tea, can legally bear the name “tea.” The regulator pointed out that the use of the term for herbal or plant-based infusions not derived from this specific plant is misleading and violates food labeling laws. This clarification aims to protect consumers from potential confusion regarding the nature of the products they purchase.

Concerns Over Misleading Labels

The FSSAI’s announcement follows observations that numerous food business operators have been marketing products under the misleading label of “tea.” Examples include “Rooibos Tea,” “Herbal Tea,” and “Flower Tea,” which do not originate from the Camellia sinensis plant. The authority stressed that such practices not only mislead consumers but also violate the Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011. The FSSAI has made it clear that all food packaging must accurately reflect the true nature of the product, and any deviation from this standard will be considered misbranding.

Regulatory Compliance and Enforcement

To ensure adherence to these regulations, the FSSAI has directed all food business operators, including those involved in e-commerce, to stop using the term “tea” for products that do not meet the defined criteria. This directive encompasses all aspects of the food supply chain, including manufacturing, packaging, marketing, importing, and selling. The FSSAI has also reached out to state and Union Territory food safety commissioners, as well as regional directors, to enforce these rules rigorously. Non-compliance could lead to legal action under the Food Safety and Standards Act, 2006, and associated regulations.

Implications for Food Business Operators

The FSSAI’s clarification has significant implications for food business operators across India. Those who have been marketing herbal or plant-based infusions as tea must reassess their labeling practices to avoid potential penalties. The authority has indicated that products not derived from Camellia sinensis may need to be categorized differently, possibly as proprietary foods or under the Food Safety and Standards (Approval for Non-Specified Food and Food Ingredients) Regulations, 2017. This move aims to enhance consumer protection and ensure that food products are accurately represented in the marketplace.


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