Red Bull Challenges FSSAI Energy Drink Ban
The beverage maker has moved the Delhi High Court against directions to discontinue the “Energy Drink” descriptor on its caffeinated products.
Red Bull has approached the Delhi High Court challenging a Food Safety and Standards Authority of India (FSSAI) direction requiring the company to stop using the words “Energy Drink” for its caffeinated beverage products.
The company filed its petition on September 25, challenging an FSSAI order dated June 30 and a subsequent July 17 communication directing food safety officers across states and Union Territories to act against products considered non-compliant.
Red Bull has argued that the June order was issued without a show-cause notice or an opportunity for the company to be heard. It has also claimed that the decision represents a change from the regulator’s earlier position on the use of the “Energy Drink” descriptor.
According to the company’s petition, Red Bull products have been sold in India since 2002 using the same descriptor. The company has cited a March 2024 FSSAI advisory and other regulatory approvals as part of its argument that the terminology had previously been permitted. These are the company’s submissions before the court and are not findings by the Delhi High Court.
FSSAI’s regulatory action followed a broader crackdown on beverages using the “Energy Drink” description. The regulator has said that it has not notified a specific standard for “Energy Drink” or similar products and has raised concerns over misbranding and certain functional or therapeutic claims associated with such products.
The dispute concerns product labelling and the use of the descriptor; it is not a blanket ban on the sale of the beverages. The regulatory action has nevertheless raised concerns among beverage companies about branding, compliance and business operations.
During the September 28 hearing, Justice Amit Mahajan asked FSSAI whether Red Bull had received prior notice before the June 30 order. The court did not grant interim protection to the company and directed FSSAI to respond. The matter is scheduled for further hearing on September 29.
Red Bull has also argued that the regulatory change creates uncertainty for its existing and planned investments in India. FSSAI is expected to defend its position before the court.