Delhi high court questions FSSAI over order to Red Bull: 'Was a notice issued first?'

The Delhi high court on Monday asked the Food Safety and Standards Authority of India (FSSAI) whether it had issued a notice to Red Bull before directing the company to discontinue using the descriptor “Energy Drink” for its products.

A bench of Justice Amit Mahajan directed FSSAI’s counsel to seek instructions on the issue and listed the matter for hearing on September 29.

“If there is no notice, it has to go,” the bench remarked.

The court issued the direction while hearing a petition filed by Red Bull challenging FSSAI’s June 30 order directing the company to stop using the descriptor “Energy Drink” on its range of caffeinated beverages.

The petition also challenged a subsequent July 17 communication asking food safety officers across states and Union Territories to take action against products allegedly found to be non-compliant.

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Red Bull contended that the June 30 order was issued without a show-cause notice or an opportunity to be heard.

It further claimed that the July communication resulted in enforcement action, including the seizure of its products at multiple locations across the country.

The company also argued that the latest directive represented an unexplained departure from the licences, import clearances and no-objection certificates issued to it over the years for products carrying the same descriptor.