After Bournvita, Nestle’s Cerelac Joins Controversy Over ‘Added Sugar’: What India’s Food Safety Regulations Say

Over the past few months, several food products intended towards health and growth have come under the scanner after some prominent brands were found to be using excess sugar content. Recently, #BoycottBournvita was trending on social media platforms after influencer Revant Himatsingka's now-deleted video went viral. In another investigation by Public Eye, best-selling baby-food brand Cerelac by Nestle was found to contain high levels of added sugar, which goes against international standards of food safety. The same product in the United Kingdom, Germany, Switzerland and other developed nations, is sugar-free, the report stated.

The rise of packaged food items in India, driven by rapid urbanisation and changing lifestyles, is a cause for concern unless scrutinised and regulated as per international standards. Furthermore, false and misleading advertisements also raise concerns around what the consumers are being told they are buying. About a decade ago, there was a huge controversy about Nestle’s Maggi noodles – one of the most popular instant foods in India – over excessive levels of lead as well as the presence of monosodium glutamate (MSG). The revelation had stunted the brand’s sales for years to come.

What Is The Latest Controversy All About?

Mondelez India, which owns Cadbury, the brand that makes Bournvita, had rejected the claims earlier this week, terming the video posted by the influencer as "unscientific" and "distorted facts and made false and negative inferences". However, on Wednesday, the apex child rights body National Commission for Protection of Child Rights (NCPCR) asked the brand to withdraw all "misleading" advertisements, packaging and labels that promote the drink as a “health drink”. It also asked the company to send within seven days a detailed explanation or report to apprise the panel of the matter. 

Meanwhile, regarding the investigation on Cerelac baby cereal, Nestle India responded by saying they ensure appropriate delivery of nutritional requirements. "We would like to assure you that our Infant Cereal products are manufactured to ensure the appropriate delivery of nutritional requirements such as Protein, Carbohydrates, Vitamins, Minerals, Iron etc. for early childhood," read the response, as quoted by ANI. The Public Eye investigation had found that every Cerelac variant contains added sugar, averaging nearly 3 grams per portion.

What Has The Govt Said About ‘Health’ Drinks?

While the Food Safety and Standards Authority of India (FSSAI) has not specifically referred to the Bournvita issue yet, the regulator released a statement saying it has taken note of various media reports and social media discussions about various health claims made by the Food Business Operators (FBOs) in the country. "FSSAI is actively discharging its statutory role for the sake of consumers by acting against the FBOs reported to be involved in making any false/misleading claims on food products to protect the interests of the consumers while ensuring fair trade practices and orderly growth of food industry in the country," it said.

FSSAI also notified a regulation – Food Safety and Standards (Advertisements & Claims) Regulations, 2018 – under which deceptive claims or advertisements are prohibited and punishable offences. "Every claim, including the permitted nutrient-based claims under the said regulations, are required to meet the criteria stipulated in the said regulations and no false or exaggerated health claim is permitted.”

“Further, any nutrient function claims and other functional claims made on the food products are required to be based on the current and relevant scientific evidence," the statement said.

The regulator also said it has set up a dedicated advertisement monitoring committee which periodically scrutinises advertisements and claims being made by FBOs on various channels, including social media and e-commerce platforms.

What Category Do Bournvita And Similar Drinks Fall Under As Per Law?

According to Food Safety and Standards Rules, drinks like Bournvita, Boost, Horlicks etc fall under ‘proprietary’ category – which means that the food has not been standardised as per any regulation and has no definite formulation. 

The only requirement for these types of products or supplements is that the ingredients used, and the nutritional parameters should be mentioned on the packaging, in addition to conforming to obligatory packaging, labelling and legal metrology rules.

Following the controversy around Bournvita, the government issued an advisory regarding the misuse of the term 'health drink' on e-commerce platforms and in advertisements. "National Commission for Protection of Child Rights (NCPCR), a statutory body constituted under section (3) of the Commission of Protection of Child Rights (CPCR) Act 2005 after its inquiry under Section 14 of CRPC Act 2005 concluded that there is no 'health drink' defined under FSS Act 2006, rules and regulations submitted by FSSAI and Mondelez India Food Pvt Ltd," the Commerce and Industry Ministry said.

Since there is no official definition of ‘health drinks’ under the Act, the government deemed it inappropriate to use such labels for beverages and instructed e-commerce companies to remove Bournvita and similar products from the category.