Can Red Bull call its product an ‘energy drink’? Delhi HC sets aside FSSAI order
New Delhi: The Delhi High Court on Tuesday set aside a Food Safety and Standards Authority of India (FSSAI) order directing Red Bull to stop using the term “Energy Drink” on its products, ruling that the company was not given an opportunity to respond before the directive was issued.
Justice Amit Mahajan allowed Red Bull’s petition on the limited ground that the food regulator had failed to follow the principles of natural justice.
The court observed that FSSAI’s June 30, 2026, order prohibiting the company from using the “Energy Drink” descriptor was issued without giving it an opportunity to submit a reply or explain its position.
While quashing the order, the High Court clarified that FSSAI could reconsider the matter and issue a fresh decision after following due legal procedure. The regulator has been permitted to serve a show-cause notice on Red Bull and hear the company before passing any fresh order.
The court did not rule on the broader question of whether Red Bull is legally entitled to use the “Energy Drink” label on its products.
Red Bull had challenged the June 30 order issued by an Assistant Director of FSSAI, which directed the company to discontinue the descriptor across its range of caffeinated beverages.
The company had also contested a July 17 communication from FSSAI asking food safety authorities in States and Union Territories to take action against products allegedly found to be non-compliant.
In its petition, Red Bull said it had been selling its products in India since 2002 under the “Energy Drink” label. It argued that the regulator had issued the direction without serving a show-cause notice or giving it a chance to respond.
The company further alleged that the July communication had triggered enforcement action, including the seizure of its products at several locations across the country.
Red Bull also questioned what it described as a reversal of FSSAI’s earlier position on the use of the term. It cited a March 2024 advisory that, according to the petition, allowed the expression “Energy Drink” for products falling under the relevant food categories for caffeinated beverages.
The company also referred to an April 2024 Union Health Ministry press release, along with licences, import clearances and no-objection certificates issued over the years for products carrying the same descriptor.
Red Bull contended that there had been no disclosed change in the law, regulations or scientific circumstances to justify the subsequent restriction.
It challenged the regulator’s action on several grounds, including violation of natural justice, arguing that it should have been heard before a decision affecting its products was taken.
The High Court’s ruling leaves the issue open for fresh consideration by FSSAI after it issues notice to Red Bull and examines the company’s response.