LEGAL CLASSIFICATION AND REGULATION OF DIETARY SUPPLEMENTS AND FUNCTIONAL HEALTH-CLAIM FOODS
AUTHOR – KAUSHIK ANAND, 3RD YEAR LAW STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)
BEST CITATION – KAUSHIK ANAND, LEGAL CLASSIFICATION AND REGULATION OF DIETARY SUPPLEMENTS AND FUNCTIONAL HEALTH-CLAIM FOODS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 214-228, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
This paper looks at the legal classification and regulation of dietary supplements and functional health claim foods in India. Over the past two decades, products such as protein powders, vitamins, and other nutraceuticals have become extremely common in gyms, pharmacies, and online marketplaces. Even though they are often marketed with strong promises of improving health, immunity, or physical performance, the law usually treats them as food rather than medicine. This difference in classification is important because drugs are regulated under the Drugs and Cosmetics Act, 1940, which requires strict testing and approvals, while supplements placed under the Food Safety and Standards Act, 2006 face comparatively lighter regulation.
The paper examines how this classification creates a regulatory gap that allows companies to promote products using health related claims without meeting the scientific standards required for medicines. It studies the role of laws such as the Food Safety and Standards Act, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and the Consumer Protection Act, 2019 in controlling misleading claims. The research also draws on judicial decisions and enforcement data obtained through a Right to Information request from the Food Safety and Standards Authority of India. By comparing the Indian framework with regulatory systems in the European Union and the United States, the paper shows how stronger claim verification mechanisms operate elsewhere. It finally suggests reforms aimed at improving regulatory clarity, strengthening oversight of health claims, and protecting consumers in the growing supplement market.
KEYWORDS
Nutraceuticals; Dietary Supplements; Functional Foods; Food Safety and Standards Act; Misleading Health Claims; Consumer Protection; Comparative Law; MuscleBlaze Case Study; Regulatory Loopholes; Enforcement.