Delhi High Court Sets Aside FSSAI Order Against Red Bull Over ‘Energy Drink’ Label
The Delhi High Court on Tuesday set aside a Food Safety and Standards Authority of India (FSSAI) order that barred Red Bull from describing its caffeinated beverage as an “energy drink”, ruling that the company was not given a proper opportunity to present its response before the directive was issued. Justice Amit Mahajan allowed Red Bull’s petition challenging the regulator’s June 30 order on…
On Tuesday, the Delhi High Court overturned a Food Safety and Standards Authority of India (FSSAI) directive that had prohibited Red Bull from labeling its caffeinated beverage as an "energy drink". Justice Amit Mahajan ruled that the company had not been afforded a fair chance to respond before the order was issued. FSSAI had directed Red Bull on June 30, 2026 to cease using the term "energy drink" on its product, without providing the company an opportunity to submit a reply or explanation.
The court noted that it was not deciding whether Red Bull could continue using the "Energy Drink" wording on its products, but instead instructed FSSAI to reevaluate the matter after issuing a show-cause notice and allowing the company to respond. Red Bull had contested both the June 30 order and a subsequent July 17 communication from FSSAI.
The company argued that it had used the "energy drink" label in India since 2002 and that previous regulatory guidance had permitted such terminology for certain caffeinated beverages. During the hearing, FSSAI claimed that Red Bull had submitted representations and engaged in discussions with the regulator. However, it was ruled that these later discussions could not substitute the necessity of granting the company an opportunity to respond before the original order was issued.
The dispute arose after FSSAI directed manufacturers of high-caffeine beverages to stop using the term "energy drink", without any alteration to product standards. Red Bull's Indian subsidiary had previously stated that the abrupt restriction, without any adjustment to product specifications, generated regulatory uncertainty and impacted ongoing and prospective investments.
The court's ruling leaves the larger issue of Red Bull's ability to retain the "energy drink" label for FSSAI to consider in the future.
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