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Delhi HC Quashes FSSAI Order on Red Bull’s ‘Energy Drink’ Label

Delhi HC sets aside FSSAI order after hearing concerns.

The Delhi High Court has set aside an order by the Food Safety and Standards Authority of India (FSSAI) that prevented Red Bull from describing its products as “energy drinks”, giving the beverage company temporary relief in the ongoing regulatory dispute. The court found that Red Bull had not been given an adequate opportunity to present its case before the regulator issued the order. The ruling addresses the procedure followed by FSSAI rather than settling the wider debate over the classification, marketing or health implications of high-caffeine beverages.

The dispute began after FSSAI issued a directive in June requiring manufacturers of high-caffeine beverages marketed as energy drinks to stop using the descriptor. Red Bull India challenged the decision, arguing that the move created regulatory uncertainty and could affect its existing and planned investments in the country. The company also argued that the restriction effectively amounted to a prohibition on the use of the term even though there had been no corresponding change in the underlying product standard. Red Bull filed its legal challenge on September 25, becoming the first major company affected by the directive to formally contest it in court.

The Delhi High Court’s decision was based on the lack of an opportunity for Red Bull to be heard before the regulatory action was taken. The court therefore set aside the order rather than delivering a final ruling on whether the “energy drink” description should remain permitted under India’s food-safety framework. The Delhi High Court’s official website lists a judgment pronouncement for today, confirming that the court issued judgments on September 29.

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FSSAI is expected to challenge the High Court decision, with a government official cited in reports saying the regulator plans to appeal on public-health grounds. The June directive had been part of increased regulatory scrutiny of beverages containing high levels of caffeine and other ingredients associated with energy drinks. The dispute therefore remains open, with any appeal potentially determining how the regulator can implement restrictions on the use of the category descriptor and what procedural safeguards companies must receive before such measures are imposed.

The case has implications beyond Red Bull because other major companies, including PepsiCo, Monster Beverage and Reliance, had also raised concerns privately about the removal of the “energy drink” category label. Those companies did not challenge the June order in court, according to Reuters. India’s energy drink market has expanded significantly in recent years, helped in part by the growth of lower-priced products, and the sector is projected to reach about $1.6 billion by 2028. The regulatory dispute could therefore have wider implications for product branding and marketing across the category.

The legal battle also comes amid broader international scrutiny of energy drinks because of concerns surrounding caffeine, sugar and other ingredients. However, the Delhi High Court’s latest decision does not determine whether such beverages pose particular health risks or whether their marketing should ultimately be restricted. Instead, the immediate issue is whether FSSAI followed the required process before directing Red Bull to stop using the “energy drink” descriptor. With the regulator expected to appeal, the dispute over the label and the regulatory framework governing these beverages is likely to continue.

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