Maharashtra FDA prohibits Mcdonald’s India from sale of beverages in state

THE MAHARASHTRA Food and Drug Administration (MFDA) has issued a prohibition order to Hardcastle Restaurants Pvt. Ltd, whichoperatesquickservicefood chain Mcdonald’s in India, to immediately stop sale of beverages at its 60 outlets across Maharashtra for contraventions under the Food Safety and Standards Act, 2006 .

Initsorder,mfdahassaidthat the popular chain did not comply with the mandatory warning to label its disposable containers whenever carbonated beverages weresoldtocustomers.according to the Act, a warning label saying “contains caffeine” is compulsory when sweetened carbonated drinks is sold.

Mcdonald’s sells three brandedsoftdrinks—coke,fanta, Thumbs up. While the brands sell their beverage with the warning on packaged bottles, Mcdonald’s outletinkolhapurwasfirsttohave beenfoundcontraveningtheregulation on its plastic and paper cups, used to serve the drink.

Of over 500 Mcdonald’s outletsinindia60areinmaharashtra.

“Theappellantisthemanufacturer of sweetened carbonated beveragewithaddedcaffeineand serves all kinds of public includingkids,pregnantwomen,lactatingwomenetc.consideringtheill effects of caffeine and that the appellant serves it by the way of manufacturingcaffeinateddrinks without disclosing the contents (i.e. CAFFEINE) to highly susceptiblegroupsofpubliclikekids,pregnant women, lactating mothers etc. that can have serious ill effect on their health (sic),” the order said.

The violation was first detected by Kolhapur’s food safety officer, B D Mule in July 2016. The order states that apart from “serioushygiene/sanitationrelatedissues” the paper cups served to customers had no warning of “contains caffeine”.

Caffeine,oneofthemostcommonly consumed psychoactive drugs, varies from 40 to 80mg in carbonated drinks. Its intake beyond 400 mg in a day is considered a high dose. Generally, coffee-addicted consumers have an intakeofover250mgcaffeineina day. While US FDA allows its consumptioninmoderatequantities, Indian regulation requires labelling of “contains caffeine” in its regulation2.4.5(38)offoodsafety and Standards Act.

The Kolhapur FDA sent a prohibition order to Mcdonald’s in 2016 to stop sale of beverages following the inspection. The foodchain stopped the beverages sale but later appealed to the FDA commissioner against the prohibition order. “We have observed that none of the Mcdonald’s outlet show the caffeine warning on their containers. Across Maharashtra, we have instructed alljointcommissionerstoinspect local outlets and prohibit its sale,” said Harshdeep Kamble, FDA commissioner.

Additionally,instructionshave been issued to all joint commissioners to inspect similar foodjoints that sell soft drinks to customers in unpackaged cups or glasses.

When contacted, the spokespersonformcdonald’stold The Indian Express, “Mcdonald’s India adheres to all statutory requirements, and is in compliance with all applicable laws pertaining to mandatory food labelling. At Mcdonald’s India, the health, safety and well-being of our customers are paramount. We have always conformed to the highest quality and food safety standards and will continue to do so at all times “

TRAI’S DIGITAL PUSH