Delhi high court junks FSSAI order directing Red Bull to discontinue ‘energy drink’ tag

The Delhi high court on Tuesday set aside the Food Safety and Standards Authority of India’s (FSSAI) order directing Red Bull to discontinue using the descriptor “Energy Drink” for its products.

A bench of justice Amit Mahajan directed FSSAI to consider the matter afresh after giving the company an opportunity of being heard. “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. The impugned order is set aside,” the court observed.

The court was 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 that asked food safety officers across states and Union Territories to take action against products allegedly found non-compliant.

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

On Monday, the high court had asked FSSAI’s lawyer to seek instructions on whether it had issued notice to the company before passing the July 17 order and asked him to get back with instructions on Tuesday.

On Tuesday, FSSAI said the June 30 notice was only the show cause notice by which it had requested the company to change the label, since the word “energy drink” on the label was a problem.