Red Bull challenges FSSAI's 'Energy Drink' ban in Delhi High Court

Red Bull has challenged an FSSAI order in the Delhi High Court, which directed the company to stop using 'Energy Drink' on its caffeinated beverages. The court questioned FSSAI for acting without issuing a show-cause notice to the company.

Red Bull challenges FSSAI order on 'Energy Drink' label

Red Bull has approached the Delhi High Court challenging a Food Safety and Standards Authority of India (FSSAI) order directing the company to discontinue the use of the term “Energy Drink” for its caffeinated beverages. The matter was heard by Justice Amit Mahajan on Monday. During the hearing, the Court sought clarity from FSSAI on whether Red Bull was issued a show-cause notice and given an opportunity to explain its position before the order was passed. The Court also questioned the need for immediate action without first hearing the company and asked FSSAI to take instructions on the issue. The matter has been listed for further hearing on September 29. No interim protection was granted to Red Bull during Monday’s proceedings.

Details of the Contested Directives

Red Bull has challenged a June 30, 2026 order issued by an Assistant Director of FSSAI directing it to remove the descriptor “Energy Drink” from its range of caffeinated beverages. The company has also challenged a July 17 communication issued to food safety authorities across States and Union Territories, asking them to take action against allegedly non-compliant products.

Company Alleges Lack of Due Process

According to the petition, Red Bull has been selling its products in India since 2002 using the “Energy Drink” descriptor. The company has alleged that the June 30 direction was issued without a prior notice or an opportunity of hearing. Red Bull has further claimed that the subsequent July communication resulted in enforcement action, including seizure of its products at various locations across the country.

The company has questioned the basis for the change in FSSAI’s position, relying on a March 2024 advisory which, according to the petition, had clarified the permissibility of using the expression “Energy Drink” for products falling under the relevant food categories applicable to caffeinated beverages. (ANI)

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