1 hr ago
Delhi High Court Sends Red Bull Label Dispute Back
The food regulator told Red Bull to stop calling its caffeinated drink an “energy drink.”
Red Bull said it should have been allowed to explain its position first.
The Delhi High Court agreed that the regulator did not follow that fair process.
The court cancelled the original order for this reason.
It did not decide whether the label is actually legal.
FSSAI must now send Red Bull a proper show-cause notice.
Red Bull will have a chance to respond before FSSAI makes a new decision.
Other beverage companies using similar labels could also pay close attention to the ruling.
The Delhi High Court set aside an FSSAI order directing Red Bull to stop using the term “energy drink.”
Justice Amit Mahajan ruled that Red Bull was not given an opportunity to reply before the June 30 directive.
The court did not decide whether Red Bull can ultimately use the “energy drink” descriptor.
FSSAI must issue a show-cause notice, hear Red Bull, and reconsider the matter.
The dispute affects other brands, including Adrenaline Rush, Sting, Monster Energy, Hell Energy, and Campa Energy.
- Who
- Red Bull India Private Ltd and the Food Safety and Standards Authority of India, with the case heard by Justice Amit Mahajan.
- What
- The Delhi High Court set aside FSSAI’s directive requiring Red Bull to stop using the “energy drink” label.
- Where
- The dispute was heard in the Delhi High Court and concerns beverage labeling in India.
- When
- The challenged FSSAI order was issued on June 30; the court ruling was delivered on Tuesday, with later regulatory discussions also referenced.
- Why
- The court found that FSSAI issued the directive without giving Red Bull a proper opportunity to submit a reply or explanation.
Red Bull’s Position
FSSAI’s Position
Procedural fairness
Red Bull’s Position
Red Bull argued that FSSAI’s directive was issued without allowing the company to formally respond or explain its position.
FSSAI’s Position
FSSAI said Red Bull had submitted representations and participated in discussions, including a meeting where it agreed to make changes within 60 days.
Use of the “energy drink” descriptor
Red Bull’s Position
Red Bull said it had used the label in India since 2002 and that earlier regulatory guidance permitted the terminology for certain caffeinated beverages.
FSSAI’s Position
FSSAI said food-category systems do not determine product naming and that descriptors or claims such as “energy drink” require legal support.
Effect of later discussions
Red Bull’s Position
Red Bull’s counsel said the meeting with FSSAI occurred after the June 30 order and therefore could not replace a prior opportunity to respond.
FSSAI’s Position
FSSAI relied on Red Bull’s participation in later discussions, but the court held that those discussions did not cure the lack of an opportunity before the original directive.
Key facts
- Court
- Delhi High Court
- Regulator
- Food Safety and Standards Authority of India (FSSAI)
- Challenged order
- A June 30 directive barring Red Bull from using “energy drink” on its product
- Court’s ruling
- The order was quashed because Red Bull was not given a prior opportunity to respond
- Next step
- FSSAI must issue a show-cause notice and reconsider the matter after hearing Red Bull
- Market outlook
- India’s energy drinks market is projected to reach $1.6 billion by 2028, with annual growth estimated at 12.6%
Quotes
Justice Amit Mahajan
Delhi High Court judge who heard Red Bull’s plea
“It remains undisputed that the order dated 30th June, 2026 directing the petitioner to not use the term ‘energy drink’ in its product was passed without affording any opportunity to the petitioner to file any reply or give any explanation.”
freepressjournal.in
“You don't request anyone, first of all you are the government”
livemint.com
Sources
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