5. Claim Requirements
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5. Claim Requirements
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Beers, RTDs, Whisky
India
This section provides information on the definition of different types of claims and any restrictions or allowance of claims as well as claim registration processes.
5.1 Overview of Claims
FSSAI has categorized different types of claims that can be made on General Food labels, such as nutritional, health, functional, organic, and allergen-free claims. These claims must adhere to FSSAI's standards, which require substantiation through scientific evidence or certification, depending on the claim type. This ensures that consumers receive clear and truthful information about the food products they purchase [9].
The claims made on food are regulated to ensure they are accurate, non-misleading, and comply with applicable laws and standards. Health claims must comply with FSSAI guidelines and must not mislead consumers [25]. Any claims related to "organic," "low calorie," or “healthy” functional benefits must be scientifically substantiated and approved by authorities [9].
5.1.1 Types & Definitions
- Nutritional Claims: These relate to the presence of specific nutrients or the beneficial effects of a nutrient in the product (e.g., "Low in sugar," "Rich in fiber").
- Health Claims: These assert that the product has specific health benefits or may help prevent, treat, or manage certain health conditions (e.g., "Supports heart health").
- Function Claims: These describe the role of the product or ingredients in maintaining or improving health or physiological function.
5.1.2 List of Prohibited Claims
General Food
Food labeling and claims are highly regulated to ensure that consumers are not misled. The prohibited claims generally fall into categories that involve false advertising, unsubstantiated health benefits, or misleading product information [25]. Food companies must ensure their claims are backed by credible evidence and meet specific regulatory guidelines to protect consumer interests and avoid penalties.
Category
Alcoholic beverages
Under FSSAI and Indian regulations, the following claims are prohibited for alcoholic beverages:
- "Organic" or "Low-calorie" unless substantiated with evidence and certified.
- Claims suggesting that alcohol has health benefits (e.g., "Good for digestion," “Good for Heart”, “Reduce Stress” "Boosts immunity") are not permitted unless specifically allowed by FSSAI after scientific validation.
- Unsubstantiated health claims that suggest alcohol can cure or prevent diseases (e.g., "Reduces risk of cancer") and no product shall claim the term “added nutrients”. [9]
1) Beer
Same as "Category" (alcoholic beverages) above.
2) Alcoholic ready-to-drink beverages
Same as "Category" (alcoholic beverages) above.
3) Whisky
Same as "Category" (alcoholic beverages) above.
5.2 Nutritional Claims
5.2.1 Permitted Claims
General Food
FSSAI permits certain nutrition claims on general food labels if they are scientifically supported and meet specific nutritional criteria. The list of nutritional standard claims and their condition is defined in Schedule I [9]. Any other nutritional claims must comply with Advertising requirements (refer to Section 9 of this guidebook).
Claims help consumers make informed decisions about the nutritional content of the food they consume. However, all nutrition claims must adhere to FSSAI regulations, and unsubstantiated claims are prohibited to prevent misleading or false advertising [25]. Before making a nutrition claim, food manufacturers should ensure they meet the specific thresholds for nutrients and have appropriate evidence to support the claims.
Category
Alcoholic beverages
Nutritional claims that are allowed by the FSSAI for alcoholic beverages are highly regulated and need to be substantiated with evidence [10]. Alcoholic beverages shall not contain any nutritional information on the label. [2]
Permitted claims:
- Calorie Content: Claims like "Low-calorie" or "Calorie-free" are permitted but require testing and evidence that they meet the required threshold.
- Vitamins or Minerals: If a drink has added vitamins or minerals (e.g., Vitamin C in RTDs), it can be labeled as such, provided the levels comply with FSSAI’s nutritional standards. [9]
Product
1) Beer
Same as "Category" (alcoholic beverages) above. [10]
2) Alcoholic ready-to-drink beverages
Same as "Category" (alcoholic beverages) above. [10]
3) Whisky
Same as "Category" (alcoholic beverages) above. [10]
5.2.2 Nutritional Claim Registration
General Food
For General Food nutrition claims, the manufacturer must comply with FSSAI’s guidelines and get approval or registration for those claims. This process involves providing scientific evidence, lab reports, and detailed documentation to prove that the product meets the necessary nutritional criteria. The approval process helps ensure that consumers are not misled and that nutrition claims on food products are valid, clear, and accurate [2].
Category
Alcoholic beverages
FSSAI does not generally permit most nutrition claims for alcoholic beverages. For nutritional claims to be used on alcoholic products:
- The manufacturer must submit evidence to FSSAI for approval.
- A Nutritional Claim Registration is required to confirm that the claim complies with the prescribed limits for the specific ingredient(s) (e.g., the amount of sugar, fat, or protein per serving). [9]
- This registration ensures the claim is truthful and substantiated by scientific research.
Product
1) Beer
Same as "Category" (alcoholic beverages) above.
2) Alcoholic ready-to-drink beverages
Same as "Category" (alcoholic beverages) above.
3) Whisky
Same as "Category" (alcoholic beverages) above.
5.3 Health Claims
5.3.1 Permitted Claims
General Food
None.
Category
Alcoholic beverages
Under FSSAI regulations [4], health claims on alcoholic beverages are not permitted. While the regulations may not specifically prohibit health claims in all cases, in practice, alcoholic products in India do not carry such claims, aligning with the general approach to ensure consumer safety and prevent misleading information.
Product
1) Beer
Same as "Category" (alcoholic beverages) above.
2) Alcoholic ready-to-drink beverages
Same as "Category" (alcoholic beverages) above.
3) Whisky
Same as "Category" (alcoholic beverages) above.
5.3.2 Health Claim Registration
General Food
None.
Category
Alcoholic beverages
To register a health claim for an alcoholic beverage [9]:
- The manufacturer submits scientific evidence demonstrating the validity of the claim (clinical trials, laboratory tests, and peer-reviewed studies).
- Once the claim is substantiated, it must be approved by FSSAI before being used on product labels or in marketing materials.
- Health claims related to disease prevention, treatment, or cure are strictly prohibited unless supported by substantial evidence and approved by FSSAI.
Product
1) Beer
Same as "Category" (alcoholic beverages) above.
2) Alcoholic ready-to-drink beverages
Same as "Category" (alcoholic beverages) above.
3) Whisky
Same as "Category" (alcoholic beverages) above.
5.4 Other Notes or Requirements for Claims
N/A.
5.5 References
1. FSSAI Act 2006
https://fssai.gov.in/cms/food-safety-and-standards-act-2006.php
2. FSSAI Guidelines on Alcoholic Beverages
3. Alimentarius - Alcoholic Beverages Standards
https://www.fao.org/fao-who-codexalimentarius/en/
4. Alcoholic Beverages Standards Regulation, 2018, updated 28 08 2023
https://fssai.gov.in/upload/uploadfiles/files/Comp_Alcoholic_Beverages(III)_28_08_2023.pdf
5. Draft notification on Food Safety and Standards (Alcoholic Beverages) Amendment Regulations, 2023 related to standards of Mead (Honey wine), Craft Beer, Indian liquors and definition of Low Alcoholic Beverages/ RTD, wine-based Beverages and, Country Liquors, etc.
https://comments.fssai.gov.in/Bestviewwl.aspx?NOTIFICATION_ID=4345
6. FSSAI Food Additives Regulations (2011)
https://www.fssai.gov.in/upload/uploadfiles/files/Food_Additives_Regulations.pdf
7. FSSAI Packaging and Labelling Regulations, 2011
https://www.fssai.gov.in/upload/uploadfiles/files/Compendium_Labelling_Display_23_09_2021.pdf
8. FSSAI Food Safety and Standards Act, 2006 (Chapter 9 – Penalties and Offenses)
9. FSSAI Nutrition and Health Claims Regulations, 2018
https://fssai.gov.in/upload/uploadfiles/files/Gazette_Notification_Advertising_Claims_27_11_2018.pdf
10. FSSAI proposed standards Claims
https://fssai.gov.in/upload/uploadfiles/files/Notice_Comments_Alcoholic_Beverages.pdf
11. FSSAI Food Safety and Standards (Advertising and Claims) Regulations, 2018
12. BIS FMCS - Foreign Manufacturer Certification Scheme
https://www.bis.gov.in/fmcs/certification-process/products-under-fmcs/
13. Custom clearance process
14. Direct and Indirect Taxes
15. Pesticide residue FSSAI Pesticide and Contaminant Regulations (Food Safety and Standards (Contaminants, Toxins, and Residues) Regulations, 2011)
16. Consumer Protection Act, 2019 Specifies penalties for misleading advertisements, including alcohol-related campaigns
17. BIS standards for packaging materials (e.g., IS 15410 for food-grade plastics)
18. IS 3752 Specification for Beer
19. IS 6613: Standards for distilled beverages
https://www.services.bis.gov.in/tmp/rp_19122023_658141877ea41.pdf
20. Haryana Excise law
21. Delhi Excise Law
22. Advertising Standards Council of India (ASCI): ASCI oversees advertising content to ensure ethical practices, including compliance for surrogate advertising of alcoholic beverages. For detailed guidelines
https://www.ascionline.in/wp-content/uploads/2024/04/Code-Book_Codes_Webready.pdf
23. Cable Television Networks (Regulation) Act, 1995: This act prohibits direct advertising of alcohol on cable TV and sets conditions for surrogate advertising
Home | Ministry of Information and Broadcasting
24. Food Safety Mantra Blog on FSSAI Alcoholic Beverages Standards: A helpful summary of the FSSAI and excise-related guidelines for alcohol advertising
Alcoholic Beverages | FSSAI Guidelines | Food Safety Mantra Blog
25. Consumer Protection Act, 2019: Specifies penalties for misleading advertisements, including alcohol-related campaigns
Legislative Department | Legislative Department | India
26. Alcohol test
27. Food Safety and Standards (Approval for Non-Specified Food) Regulations, 2017
28. FSSAI Food Licensing and Registration System
https://foscos.fssai.gov.in/about-flrs
29. Food Import Clearance System
30. ReFoM portal
https://sites.fssai.gov.in/refom/
31. Food safety and standard (Import) Regulation, 2017
https://www.fssai.gov.in/upload/uploadfiles/files/Compendium_Food_Import_Regulations_05_06_2022.pdf
32. Microbiological standards
https://www.fssai.gov.in/upload/uploadfiles/files/20_%20Appendix%20B.pdf
33. Shipment declaration
34. ISO 5555: Standard for testing phenolic compounds in wines
35. ISO 15192: Standard for beer quality testing, including compounds like esters and aldehydes
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