Delhi High Court sets aside FSSAI order asking Red Bull India to drop ‘energy’ from its drinks

The court left the food regulator free to pass a fresh order after issuing a show-cause notice to the company and giving it a hearing.

New Delhi: The Delhi High Court has quashed an order of the Food Safety and Standards Authority of India (FSSAI) that had directed Red Bull India to stop using the word “energy” for its drinks, finding that the company had been denied natural justice, according to ETHealthworld.

Justice Amit Mahajan allowed Red Bull India’s petition on that limited ground. The company had argued that the regulator issued its order without first serving a show-cause notice or giving it an opportunity to be heard, the report said.

The ruling does not settle the underlying question. The court gave FSSAI liberty to issue a show-cause notice, hear the company and then take a fresh decision in line with due process of law.

The dispute dates back to 1 July, when FSSAI told Red Bull, Sting, Adrenaline Rush, Campa Gold Boost, Hell Energy and Monster to remove the word from their labels, marketing and advertising within 90 days. The regulator said at the time that it did not recognise energy drinks as a category because no category standards had been defined, and raised concern that some product claims could mislead consumers.

At a meeting with beverage makers on 24 July, FSSAI suggested that such products carry the description caffeinated beverages instead. Industry representatives objected, arguing that the term was too wide, could cover anything from soft drinks to coffee and might confuse buyers, according to the report.

Companies have also pointed to an April 2024 communication in which FSSAI permitted the term energy drinks for products licensed as caffeinated beverages. The regulator had fixed caffeine limits for such drinks and laid down label disclosure rules in 2016.

The Indian Beverage Association, whose members include Red Bull, PepsiCo and Reliance, has asked for a “consultative and risk-based approach before enforcement”. The industry body has said companies should be allowed to set out their technical and legal positions before the regulator acts against them.

Source: ETHealthworld, The Economic Times, 30 September 2026

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