The Delhi High Court has set aside a Food Safety and Standards Authority of India (FSSAI) direction requiring Red Bull India Pvt Ltd to stop describing its caffeinated beverages as “energy drinks”, holding that the company was not given an opportunity to respond before the direction was issued.
Justice Amit Mahajan recorded that it was undisputed that the June 30 direction had been passed without allowing Red Bull to file a reply or provide an explanation. The court left it open to FSSAI to reconsider the matter, but said the regulator would first have to follow due process by issuing a show-cause notice and granting the company a hearing.
The ruling does not decide whether Red Bull’s products breach any provision of the Food Safety and Standards Authority of India Act. It also does not determine whether FSSAI has the power to issue a direction concerning the product description. The court specifically recorded that these substantive questions had not been examined.
During the hearing, FSSAI’s counsel argued that the June 30 communication was a show-cause notice rather than a final order. The counsel said the regulator had only “requested” a change to the label and that “the word ‘energy drink’ is the problem, the product itself is not the problem”.
FSSAI also told the court that a meeting had taken place on July 24, during which Red Bull representatives participated and agreed to make the relevant changes within 60 days. The regulator relied on that meeting to argue that the company had been given an opportunity to engage with the issue.
The court did not accept that explanation as a substitute for a formal opportunity to respond. Justice Mahajan questioned the regulator’s counsel on the absence of a notice asking Red Bull to explain its position, observing that a government authority could not treat a regulatory direction as a request without clearly establishing the procedural basis for it.
Senior advocate Sandeep Sethi, appearing for Red Bull, also pointed out that the company’s representation had been made on July 24, after the FSSAI direction. Red Bull told the court that it had used the “Energy Drink” descriptor for its beverage products in India since 2002 and that the regulator had previously recognised the expression for the relevant category of caffeinated beverages.
The company further referred to a March 2024 FSSAI advisory, which it said permitted the use of “Energy Drink” for products falling under the relevant food categories. Its argument was that the regulator had departed from its earlier position without following the required process.
The court’s order means the June 30 direction cannot presently be enforced in the form in which it was issued. FSSAI may still begin a fresh proceeding by issuing a show-cause notice, considering Red Bull’s response and taking a new decision after following due process.
