Litigation in Cloud 9 Energy Drink Essay

Pune Following the confirmation of the state public health science lab round the push button drink slander 9 containing more than than the permissible level of caffeine, the state Food and Drug Administration (FDA), Pune region, has in a flash filed an application seeking judicial action against the manufacturers and distributors of the drink Pushpam Foods and Beverages and G experientwin Healthcare surreptitious Limited. The manufacturer had made misleading statements on the label that suggested that the drink was recommended for medical purposes.We have now filed an application seeking judicial action against the offenders, verbalize C D Salunkhe, Assistant Commissioner, state FDA, Pune office. A central notification, issued on June 19, 2009, says energy drinks should not contain more than one hundred forty-five parts per zillion (ppm) of caffeine, while the earlier official cap was 200ppm. Many popular energy drink brands thus overshot the limit by nearly deoxycytidine monophosphate ppm. It was a clear violation of a 2008 amendment to the Prevention of Food alloy Act banning energy drinks with caffeine content more than 145 parts per million (ppm).We sent samples of the drink to the public health laboratory and they have confirmed that the level of caffeine was 228. 2 ppm, says the laboratory penning that gave its findings recently. Chetan Chopra, director of Pushpam Foods and Beverages said that the product was already in the market originally the new rules came into effect on June 17, 2009. How can the FDA apply the new rules about the change in the caffeine limit to the products which were already manufactured in December 2008? How can the new standards be applied on the old products, he said.Vasudeo Kolte, quality control manager of Pushpam Foods and Beverages said, Our product was manufactured in December 2008 and hence it was already in the market as per the so prescribed rules. We have followed all the regulations and will challenge the case in motor hotel. It was in November 2009 that the state FDA, Pune region seized over two lakh cans of Cloud 9 energy drink from godowns in Pune and Mumbai. The stock, worth Rs 77. 3 lakh, is even lying in the godowns and the FDA has filed an application with the chief judicial magistrates court to destroy it, said M S Kembalkar, a food examiner who was part of the investigation.The report has also pointed out that there were misleading statements on the label, which contravenes Rule 37 and 39 of the Prevention of Food Adulteration Act. The house of the proprietary food has to be clearly mentioned. The label suggests that the food is recommended for medical purposes. It says that it enhances physical endurance, stamina and strengthens immunity apart from fighting fatigue and enhancing alertness. However, the caffeine content has exceeded the permissible limits.