Red Bull had approached the High Court challenging both the June 30 order and the subsequent July 17 communication. The company contended that the direction affecting the labelling of its products was issued without affording it a hearing. File
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The Delhi High Court on Tuesday (September 29, 2026) set aside a Food Safety and Standards Authority of India (FSSAI) order directing Austrian beverage maker Red Bull to stop using the descriptor “Energy Drink” for its range of caffeinated beverages, holding that the company was not given an opportunity to present its case before the order was passed.
Justice Amit Mahajan set aside the June 30 order issued by an assistant director of the FSSAI, which directed Red Bull to discontinue the use of the term “Energy Drink” on its caffeinated beverages.
The court also set aside all consequential action arising from the order, including a July 17 communication directing food safety authorities in States and Union Territories to take action against products considered non-compliant with the FSSAI direction.
The court, however, clarified that the food safety regulator would be free to pass a fresh direction on the issue after giving Red Bull a show cause notice and giving opportunity of being heard.
Red Bull had approached the High Court challenging both the June 30 order and the subsequent July 17 communication. The company contended that the direction affecting the labelling of its products was issued without affording it a hearing.
The company, in its petition, said it had been selling its products in India with the “Energy Drink” descriptor since 2002. It contended that the June order was issued without a show-cause notice or an opportunity of hearing.
According to Red Bull, the subsequent July 17 communication resulted in enforcement action, including seizure of its products at several locations.
The company has also questioned the basis for what it describes as a change in the FSSAI’s regulatory position. It has relied on a March 2024 advisory which, according to the petition, had clarified that the expression “Energy Drink” could be used for products licensed under the relevant food categories for caffeinated beverages.
Red Bull has also cited an April 2024 press release of the Union Health Ministry, besides licences, import clearances and no-objection certificates issued over the years for products bearing the descriptor.
Senior Advocates Sandeep Sethi and Suhail Dutt appeared for Red Bull, assisted by advocates Abhixit Singh, Pavni Tuli, and Bhaskar Joshi.
Published – September 29, 2026 01:10 pm IST
