Archive · 6 Oct 2026
Court Lets Existing Energy Drink Stock Sell, Bars New Production
The Delhi High Court has allowed two companies to sell drinks they already made with the words “Energy Drink” on the label.
But they cannot make new drinks with that label for now.
PepsiCo and Monster Beverages challenged a direction from India’s food safety regulator, FSSAI.
The regulator says caffeine may help people feel more awake for a while, but it does not give the body energy in the same way food calories do.
Officials are also concerned that some drinks contain a lot of added sugar and that shoppers may not notice safety warnings.
FSSAI says it spoke with businesses and other groups before deciding that the label should no longer be used on future production.
The companies’ challenge is now before the court.
The court has allowed existing stock to be sold while barring new production with the disputed description.
The Delhi High Court allowed PepsiCo and Monster Beverages to sell existing stock labelled “Energy Drink.”
The companies cannot manufacture new products using that descriptor while the dispute proceeds in court.
FSSAI says caffeine can temporarily increase alertness but does not provide nutritional energy or calories.
Officials cite concerns about added sugar, prominent marketing, and whether safety warnings are sufficiently visible.
FSSAI says industry received notices, consultations, and a 90-day transition period to change labels.
- Who
- The Delhi High Court, FSSAI, PepsiCo, and Monster Beverages.
- What
- PepsiCo and Monster Beverages may sell existing stock labelled “Energy Drink,” but may not manufacture new products carrying that description.
- When
- The court issued its ruling on Tuesday; the article does not specify the date.
- Where
- Delhi, India.
- Why
- FSSAI says the term may mislead consumers about caffeine’s effects and raises concerns about added sugar, marketing, and the visibility of safety warnings.
FSSAI’s position
Companies’ position
Use of “Energy Drink” label
FSSAI’s position
FSSAI says the descriptor may confuse caffeine’s temporary stimulant effect with nutritional energy or improved physical performance, and may create misleading impressions.
Companies’ position
PepsiCo and Monster Beverages challenged FSSAI’s directions in the High Court; the article does not provide their specific arguments.
Implementation of the restriction
FSSAI’s position
FSSAI says notices, stakeholder consultations, and a 90-day transition period gave businesses time to comply.
Companies’ position
The companies sought court intervention against the directions; the court allowed existing stock to be sold but barred new production using the descriptor.
- Court ruling
- Existing stock may be sold; new production using “Energy Drink” is barred.
- Companies named
- PepsiCo and Monster Beverages.
- Regulator
- Food Safety and Standards Authority of India (FSSAI).
- Transition period
- FSSAI says industry was given 90 days to make changes, including relabelling and packaging modifications.
- Consultation meeting
- The article says the issue was discussed at the 51st Central Advisory Committee meeting on 24 September 2026.
- Sugar example
- The article says a 250 ml serving of a product such as Red Bull contains approximately 27 g of sugar, above the cited 25 g daily added-sugar limit recommended by ICMR-NIN.
- Caffeine warning
- The prescribed caution says caffeinated beverages are not recommended for children, pregnant or lactating women, or people sensitive to caffeine.