Rules & Regulations in relation to the Energy drinks

1. What is the law regulating Energy Drinks in Bangladesh and in which food/beverage category are energy drinks classified?

Energy Drinks in Bangladesh are regulated by The Pure food ordinance, 1959 and The Pure food Rules, 1967.

As per sub-clause (5) of section 3 of The Pure food ordinance, 1969, “food” means any kind of edible oil, fish, fruit, meat or vegetable or any other article used as food, drinking water or any other drink for human consumption other than any drug, and includes ice, aerated water, carbonated water or any substance whether processed, semi processed or raw or any substance which has been used in the manufacture, preparation or treatment of food and those articles which will be notified by the Government from time to time, and-
(a) any substance which is intended for use in the composition or preparation of food,

(b) any permitted flavouring matter or any spice or condiment, and

(c) any food grade colouring matter, preservative, anti oxidant and other additives intended for use in food[1];

Though energy drinks are not explicitly mentioned in this sub-clause, energy drinks and soft drinks will fall in the category of aerated water or carbonated water and therefore defined as food.

2. Whether it is permissible to use artificial sweetener “Sucralose” (E-955) in Energy Drinks under Bangladesh Food Laws?

Sucralose is an artificial non-nutritive sweetener[2]. Its molecular formula is C12H19Cl3O8. It is also known under the E number (additive code) E955. Sucralose is approximately 600 times as sweet as sucrose (table sugar), twice as sweet as saccharin.

Rule 26 of the Pure Food Rules, 1967 deals with Non-nutritive constituent in food. Rule 26 states that-

(1)    Any article of food to which has been added a non-nutritive constituent, that is to say, a constituent which is not utilized in normal metabolism, in contravention of this rule, shall be deemed to be adulterated-

(2)    Any food which purports to be or provides for any constituent which is not utilized in normal metabolism shall bear on its label a statement of the percentage of such constituent along with the name of such constituent and the word ‘non-nutritive’.

(3)    If the non-nutritive constituent is saccharin or a saccharin salt, the label shall bear, in lieu of the statement prescribed in sub-rule (1) the statement ‘contains saccharin………. (or saccharin salt, as the case may be), a non-nutritive artificial sweetener which should be, used only by persons who must restrict their intake of ordinary sweets. The blank to be filed in with the percentage of saccharin or saccharin salt in such food.

(4)    The following non-nutritive sweeteners may be used in place of saccharin or its slats subject to the same conditions regarding the statement on the label-

(a)    Calcium cyclohexyl-sulphamte

(b)    Sodium cyclohexyl-sulphamte

(5)    The label statement of foods containing non-nutritive sweeteners shall also conform to the requirements of other rules.

(6)    Non-nutritive sweeteners and sugar shall not be used in combination in any food.

Therefore, though there is no specific reference of Sucralose in this particular Rule or anywhere else in the The Pure food Rules, 1967 or The Pure food ordinance, 1959, it is apparent that Sucralose is not prohibited in food items. Consequently, provisions of non-nutritive constituents would be applicable to Sucralose.

3. Details of concentration in which artificial sweetener “Sucralose” (E-955) is permitted under Bangladesh Food Laws?

As we said earlier that there is no specific reference of Sucralose in this particular Rule or anywhere else in the The Pure food Rules, 1967 or The Pure food ordinance, 1959, no details of ‘concentration in which Sucralose is permitted’ is available under Bangladesh Food Laws.

4. Are there any labeling issues associated with the usage of “Sucralose” in Beverages?

Sub-rule (7) of Rule 26 provides that-

Saccharin, sucaryl or any other non-nutritive sweetener shall not be sold, unless the package carries a label showing:

(a)    The common name

(b)    The chemical name

(c)    The net weight

(d)    Adequate directions for use in foods; and

(e)    The address of manufacturer.

Since we mentioned earlier that provisions of non-nutritive constituents would be applicable to Sucralose, the said sub-rule purports to be relevant in case of Sucralose too.

5. Example of other Beverage products sold in Bangladesh which contain “Sucralose”.

The Energy Drink market in Bangladesh has been boosted highly in past few years. Local brands are giving tough competition to the foreign ones. The most popular local brands are Royal Tiger, Black Horse, Shark, Speed, Wild Brew, Big Boss, Crown etc. Simultaneously Blox, Bullet, Commando, Red Bull etc. overseas brands are doing brisk business in Bangladesh.

However, Sucralose is not stated in the labels (showing the ingredients) of any of the said drinks.

The followings are the ingredients used (as stated in the labels) in different energy drinks sold in Bangladesh.

Royal Tiger

Taurine

Glucono Delta Lactone

Inositol

Vitamins (B3, B5, B6)

Caffeine

Citric Acid (Anhydrous)

Sodium Citrate

Sodium Benzoate

Sugar 15886

Carbonated Water

Mixed Fruit Flavour

Tartazine Yellow

Black Horse

Carbonated Water

Sugar

Glucose

Citric Acid

Sodium Citrate

Taurine

Glucono Delta Lactone

Caffeine

Guarana

Inositol

Vitamins (B3, B5, B6, B12)

Caramel

Tartazine

presevatives

Shark

Water

Sucrose

Citric Acid

Taurine

Natural Caffeine

Inositol

Niacinamide

D-Pantothenol

Pyridoxine HCL

Artificial Flavours

Sodium Benzoate

Wild Brew

Carbonated Water

Malt

Extract

Glucose Syrup

Flavours

Caramel Colour

Ascorbic Acid

Sodium Benzoate

Lactic acid

Crown

Malt

Carbonated Water

Rice

Hops

Speed

Carbonated Water

Refined Sugar

Citric Acid

Sodium Citrate

Sodium Benzoate

Caffeine

Taurine

Inositol

Food Grade color (E102, E110)

Food Grade Flavour

Vitamin E

Blox

Water

Sugar

Carbon-di-oxide

Acidulant  citric  acid

Taurine

Dextrose

Caffeine

Inositol

Colorant E-129 & 133

Niacin

Pantothenic acid

Vitamins (B6, B12)

Bullet

Natural mineral water

Sugar

Dextrose

Acidifier (E 330)

Carbon-di-oxide

Glucose Fructose Syrup

Caffeine

Acidity Regulator (E 331)

Flavourings

Inositol

Colouring (E 150C)

Glucuronolactone

Nicotinamide

Pantothenate

Vitamins (B6, B12)

Commando

Sucrose

Citric Acid

Taurine

Caffeine

Lysine

Choline

Inosital

Nicotinamide

Dex Pantothenol

Potassium Sorbate

Flavour

Colourings

style=”text-align: justify;” size=”1″ />

[1] Amended by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005).

[2] A non-nutritive sweetener just has sweetness; it has no food value, no minerals, no fiber, and nothing that one’s body will metabolize.

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.