Red Bull moves Delhi High Court against FSSAI order to stop using ‘Energy Drink’ label

Red Bull has questioned the basis for what it describes as a change in the FSSAI’s regulatory position. File. | Photo Credit: Reuters The Delhi High Court on Monday (September 28, 2026) asked the Food Safety and Standards Authority of India (FSSAI) whether Austrian beverage producer Red Bull was given an opportunity to respond before the regulator directed the company to stop using the term “Energy Drink” for its caffeinated beverages.Red Bull has challenged a June 30 order issued by an assistant director of the FSSAI, directing it to discontinue the use of the descriptor “Energy Drink” on its range of caffeinated beverages. It has also challenged a July 17 communication directing food safety authorities in States and Union Territories to take action against products considered non-compliant.Justice Amit Mahajan of the Delhi High Court on Monday (September 28, 2026) asked the FSSAI to ascertain whether a show-cause notice had been served on Red Bull. The court has listed the matter for further hearing on September 29.The court also questioned the urgency behind FSSAI’s action that warranted a decision without hearing the company.Red Bull’s argumentIn its petition, the company 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 communication resulted in enforcement action, including the 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, 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 28, 2026 08:02 pm IST