Why the FSSAI is also putting liquor under the scanner
Alcohol, though primarily regulated under State laws, is also classified as a ‘food’, making it subject to safety and product identity benchmarks under the Food Safety and Standards Act. A whiskey may not always deliver on what its label promises: the law should see to it that it does
On August 11, 2026, the Food Safety and Standards Authority of India (FSSAI) inspected a licensed distillery in Tamil Nadu. The inspection resulted in 11 liquor products being prohibited from sale due to the detection of nature-identical and artificial flavouring substances. The Tamil Nadu State Marketing Corporation (TASMAC) subsequently ceased transfers and sales of these products across its network on August 13.
However, FSSAI reversed its decision on August 14 following an appeal and compliance assurance. This incident raises a question: if intoxicating liquor is a State subject under the Indian Constitution, how can a Central food regulator like FSSAI inspect a distillery and determine the saleability of its products? The Constitution's Seventh Schedule, with its lists of State and Concurrent subjects, initially seemed to limit FSSAI's jurisdiction.
However, under the Food Safety and Standards Act, 2006, the Act's definition of 'food' includes 'alcoholic drink,' placing alcohol within FSSAI's purview. Section 3(1)(j) of the Act and Section 16, which empowers FSSAI to prescribe standards and limits, give the Central regulator the authority to regulate liquor products. The FSSAI's role extends beyond food safety to product identity and consumer protection.
The agency's regulations, such as Regulation 2.8 of the FSS (Alcoholic Beverages) Regulations, 2018, specify the composition and standards for various alcoholic beverages. In the case of the Tamil Nadu distillery, FSSAI objected to the addition of artificial or nature-identical flavours that could mislead consumers into believing the product met specific standards without truly doing so.
Through its inspection process, FSSAI tests seven key areas: product identity, composition, permitted additives, safety, age or maturation claims, labelling, and packaging. Compliance with these standards is crucial, and failure can result in the prohibition of sale under Section 36(3)(b) of the Act. The distinction between 'sub-standard' and 'unsafe' food lies in the potential health impact, but non-compliance with standards can still lead to prohibition.
Ultimately, FSSAI's mission is to protect consumers and ensure they have accurate information about the products they consume.
Written by urgent.news from The Hindu Health's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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