Delhi HC quashes FSSAI order directing Red Bull to drop 'energy drink' label

NEW DELHI: Delhi high court on Tuesday quashed an order issued by the Food Safety and Standards Authority of India (FSSAI) directing Austrian beverage maker Red Bull to stop using the “energy drink” descriptor on its cans.The court set aside the June 30, 2026 order, saying that the regulator had taken the decision “without affording any opportunity” to the company to present its views.The order came after Red Bull challenged the FSSAI directive, which required the company to remove the “energy drink” descriptor from its range of caffeinated beverages.Red Bull had approached the Delhi HC on Monday, challenging the FSSAI order issued by an Assistant Director on June 30. The company said it had been selling its products in India since 2002 using the “energy drink” descriptor.During Monday's hearing, Justice Amit Mahajan sought clarity from FSSAI on whether Red Bull had been 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 matter. No interim protection was granted to Red Bull during Monday’s proceedings.Red Bull also challenged a July 17 communication issued by FSSAI to food safety authorities across states and Union Territories, directing them to take action against allegedly non-compliant products.According to the company’s petition, the June 30 direction was issued without prior notice or an opportunity of hearing. Red Bull further claimed that the July communication led to enforcement action, including the seizure of its products at various locations across the country.The company has questioned the basis for the change in FSSAI’s position, citing a March 2024 advisory which, according to its petition, had clarified that the expression “energy drink” could be used for products falling under the relevant food categories applicable to caffeinated beverages.Earlier in June, India directed makers of high-caffeine beverages sold as “energy drinks” to stop using the description, rejecting efforts to stall the move in a market expected to be worth $1.6 billion by 2028, Reuters reported.Red Bull’s India unit had said the “abrupt prohibition” of the label, without any change to the underlying product standard, “introduces substantial regulatory uncertainty and adversely affects” its existing and planned commercial investments.Energy drinks have faced scrutiny from regulators in several countries over concerns about their high caffeine, sugar and taurine content. England is also set to ban the sale of energy drinks to children under 16 from April next year.Get the latest India News and Live updates. Download the TOI app.