Are you sipping right ‘tea’? FSSAI clarifies rules on beverage labeling; warns on misleading packaging

The Food Safety and Standards Authority of India (FSSAI) issued a clarification on the use of the word “tea” on food packaging and labelling, stating that only beverages made from the plant Camellia sinensis can legally be sold as tea.According to the press release issued on Wednesday, the food regulator said that products such as Kangra tea, green tea and instant tea qualify as “tea” under existing food safety standards. However, the use of the term for herbal or plant-based infusions not derived from Camellia sinensis is misleading and amounts to misbranding under the law.The clarification comes after FSSAI observed that several Food Business Operators (FBOs) were marketing products like “Rooibos Tea”, “Herbal Tea” and “Flower Tea”, even though these are not obtained from the tea plant.“As per standards specified under the Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011, tea shall be exclusively from the plant Camellia sinensis,” the regulator said. It added that labelling rules require every package to clearly indicate the true nature of the food on the front of the pack.“Therefore, the use of the word ‘Tea’ directly or indirectly for any other plant-based or herbal infusions or blends not derived from Camellia sinensis is misleading and amounts to misbranding under the provisions of the Food Safety and Standards Act, 2006,” the release stated.FSSAI further clarified that herbal or plant-based infusions that are not derived from Camellia sinensis do not qualify to be named as tea. Depending on their ingredients, such products may instead fall under the category of proprietary foods or under the Food Safety and Standards (Approval for Non-Specified Food and Food Ingredients) Regulations, 2017.Accordingly, all food business operators, including those engaged in e-commerce, have been directed to comply with the regulations and refrain from using the term “tea” for products not made from Camellia sinensis. This applies to manufacturing, packing, marketing, importing and selling such products.The regulator has also asked Commissioners of Food Safety in all states and Union Territories, as well as regional directors of FSSAI, to ensure strict enforcement of these rules. It warned that action will be taken against non-compliant businesses under the provisions of the Food Safety and Standards Act, 2006 and related regulations.