Delhi High Court Sets Aside FSSAI Order Against Red Bull Labeling

The Delhi High Court Tuesday set aside a Food Safety and Standards Authority of India (FSSAI) order to Red Bull India Pvt Ltd, that had directed the company to discontinue using the “energy drink” description for its caffeinated products. Justice Amit Mahajan, after hearing the plea on Monday and Tuesday, observed that FSSAI did not provide Red Bull the opportunity of a hearing. “It remains undisputed that the order dated June 30 directing (Red Bull) 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,” Justice Mahajan recorded in his order.

Only requested label change: Food regulator On Tuesday, FSSAI’s counsel told the court that the June 30 order was a "show-cause, and not an order", since it had “requested” for the change in the label. The counsel added, “We are only saying the word ‘energy drink’ is the problem, the product itself is not the problem.” FSSAI’s counsel further countered, “A meeting happened on July 24, where they participated and they agreed that they will make the relevant changes within 60 days.” But the court refused to accept this argument.

Justice Mahajan orally inquired from the FSSAI’s counsel: “You don’t request anyone, you’re the government. Which notice asked them to explain? Did you issue any notice?” Senior advocate Sandeep Sethi, appearing for Red Bull, also pointed out that the FSSAI’s order came after the company had made its representation on July 24, agreeing to relevant changes.

The court left it open for the FSSAI to take a fresh decision in the matter after following due process by issuing Red Bull a show-cause notice and granting the company the opportunity of a hearing. The court also recorded that it had not examined the merits of whether Red Bull’s products violate any provision of the FSSAI Act or the FSSAI’s powers to pass such orders.

Red Bull’s stance According to Red Bull, it has been using the “Energy Drink” descriptor for its beverage products in India since 2002. It said the FSSAI previously recognised the use for the relevant category of caffeinated beverages. Arguing that the regulatory body has departed from its earlier position, Red Bull referred to a March 2024 FSSAI advisory which permitted the expression “Energy Drink” for products falling under relevant food categories.