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Union Health Minister Ghulam Nabi Azad on Friday conceded in the Lok Sabha that the Government could not impose any limit on the permissible level of caffeine in the energy/soft drinks widely consumed across the country through any executive order as such practice is struck down by the courts in the absence of any “scientific backup.”
Responding to a volley of supplementaries on the main query raised during the Question Hour by members Eknath M.Gaikwad and Anand Prakash Paranjpe, Azad said while use of caffeine not exceeding 145 mg/litre is permitted in carbonated water under the Food Safety & Standards Regulation Act, there is no limit set for energy drinks. He, however, added that the Food Safety and Standards Authority of India (FSSAI) has set off necessary action to fix the level of caffeine in energy drinks.
When SP member Shailendra Kumar sought to know what action is being taken by the Centre, particularly as adulterated energy drinks would affect kidney and liver of the consumers, Azad said the problem of caffeine mix in soft drinks and adulteration of soft drinks were two things for which the Food & Safety Standards Regulation Act was passed.
But the implementation of the Act and the regulations vest with the State governments and in a federal set-up, the Constitution clearly enjoins the limit of the Centre not to encroach upon the rights of the States.
Azad further noted that there is no general unanimity on the limits of caffeine in the energy drinks even in advanced countries as each country has its own norms in this regard.
In Australia and New Zealand, the range of the limits is from 145 mg to 300 mg and in the European Union (EU) this is 150 mg. He said that in Canada soft drink with caffeine mix was promoted as national health products. That is why, “we have formed a Committee with renowned scientists.”
In the present circumstances, this is the only response of the Centre, he said since the courts strike down the executive order if it lacks scientific backup.
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