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Loophole in PFA Act makes FDA helpless: Excess caffeine content in energy drinks
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Wednesday, 06 May, 2009, 08 : 00 AM [IST]
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Irum Khan, Mumbai
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FDA had sent samples of four fast moving energy drinks, viz Red Bull, Fighter, Cloud 9 and SoBe Adrenaline Rush Maximum Energy, on finding caffeine content in these drinks more than the standard limit, i.e. 200 ppm ( parts per million).
The samples sent to the lab for testing have arrived at the Maharashtra FDA office in Mumbai and according to Suhas Chaudhari, joint commissioner, Greater Mumbai, FDA, "The reports show standard amount. Some drinks had caffeine content of around 200 ppm and some more than that. However, the limits are only prescribed for the carbonated drinks and not energy drinks."
Ironically, the FDA, just a day earlier, had shown resentment over manufacturers claiming energy drinks as a category different from the carbonated drink and using the loophole in the law to promote these drinks as proprietary food. The FDA abruptly seemed to be turning mellow over its stand. Chaudhary says, "Whether it is a proprietary food or carbonated drink, it is the law makers' concerns."
The Prevention of Food Adulteration Act (PFA) does not have prescribed norms for the energy drinks, however the PFA restricts caffeine content in the carbonated drinks to 200 ppm.
Manufacturers of energy drink chance upon this loophole to challenge the categorisation of the product as a carbonated drink. Earlier the FDA had challenged the claim by manufacturers to categorise energy drinks as proprietary food as it contained carbon dioxide. However, the FDA has now toned down on its stand. However, the officials feel the Food Safety and Standards Authority of India (FSSAI), which is in the process of framing rules and regulations, will take care of the loopholes.
Chaudhary said that the initiation to send the sample for lab testing was taken as a growing addiction to such drinks were found among the youth and the student community. He said, "Enforcement mechanism work within the legal framework, so it's on law to decide whether such drinks are safe to consume or not."
The reports will be produced before the court for the hearing and action will only be taken after the final hearing from the court.
These energy drinks which are imported from countries like Austria, Malaysia and Korea need to pass a customs check before they find entry into India. India is witnessing a marked number of youngsters being addicted to such drinks which are high on caffeine content.
According to S R Priya, research analyst, technical insights- healthcare, energy drinks mostly comprise sugar and caffeine. Thus glucose is derived from sugar and the nervous system stimulation is brought about by caffeine. Caffeine functions as a psychostimulant preventing an individual from feeling tired and activating the pleasure centres in the brain. According to Priya's report, energy drinks provide the initial quick energy boost almost instantaneously. However, these energy drinks, which provide quick
"boost" also results in a quick energy crash as the effect of the caffeine wears off. High caffeine content means that it could produce inadvertent harmful effects in pregnant women, children, and individuals suffering from anxiety disorders. A recent report by the Journal of American College Health (2008) has suggested an association between energy drinks and hazardous behaviour.
When consumed in moderation, energy drinks are good. Going overboard could produce withdrawal symptoms such as mood changes, headaches, sleep deprivation, dehydration and heart palpitations and significant health related illnesses. The main culprit in most of the energy drinks is caffeine. Unlike cola drinks where the caffeine content is limited by the Food and Drug Administration (US FDA), no such limits are imposed on energy drinks.
Also, caffeine dehydrates the body. Several intakes of the drink make the person thirsty (the first and striking sign of dehydration) encouraging him/her to drink more and thus further aggravating the dehydration. Roland Griffiths, a neuroscientist at Johns Hopkins School of Medicine in Baltimore, along with several other scientists and physicians has submitted a petition to US FDA for regulation of energy drinks. The team has suggested that the FDA must make it mandatory for the drinks' caffeine content to be listed on the can to limit the amount of stimulant permitted in the drinks.
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