NEW DELHI: The Delhi High Court on Monday sought a response from the Food Safety and Standards Authority of India (FSSAI) on a plea filed by Red Bull challenging a direction requiring it to discontinue the use of the words “Energy Drink” for its products.
The case comes amid a wider FSSAI crackdown on beverages using the “Energy Drink” descriptor. The food regulator has directed companies to discontinue the use of the term where their products do not conform to the applicable food regulations.
Red Bull has challenged a June 30, 2026 order issued by an Assistant Director of FSSAI directing the company to discontinue the use of “Energy Drink” for its range of caffeinated beverages. It has also challenged a consequential July 17 communication asking food safety officers across states and Union Territories to take steps against allegedly non-compliant products.
Justice Amit Mahajan asked FSSAI to take instructions specifically on whether any notice had been issued to Red Bull before the June 30 order was passed.
“If there is no notice, it has to go,” the judge said during the hearing.
The court also questioned whether there was any urgency that justified taking action without first hearing the company, observing that there was “nothing emergent in it”.
The court did not pass any interim order granting protection to Red Bull at Monday’s hearing. The judge directed FSSAI to file its response by September 29, when the matter is likely to be heard further.
Red Bull has claimed that its products have been sold in India since 2002 under the descriptor “Energy Drink” and that the June 30 order was passed without issuing a show-cause notice or giving it an opportunity of hearing.
The company further claimed that the July 17 communication led to enforcement action, including seizure of its products at multiple locations across the country.
According to the petition, the June 30 order marked “a reversal in FSSAI’s own regulatory position”.
Red Bull has relied on a March 2024 FSSAI advisory which, according to the petition, clarified that the expression “Energy Drink” was permissible for products licensed under the relevant food categories applicable to caffeinated beverages.
The company has also referred to an April 2024 press release issued by the Union Health Ministry, as well as licences, import clearances and no-objection certificates granted over the years for Red Bull products bearing the same descriptor.
“The latest directions amount to an unexplained departure from that position, particularly since no change in law, regulation or scientific circumstances has been disclosed,” the company claimed.