Red Bull vs FSSAI: Delhi HC Cancels Order Asking Red Bull to Drop ‘Energy Drink’ Label

The Delhi High Court on Tuesday cancelled a Food Safety and Standards Authority of India (FSSAI) order directing Red Bull to stop using the term “Energy Drink” on its products, ruling that the company was not given an opportunity to explain its position before the order was issued.

Justice Amit Mahajan allowed Red Bull’s petition on the limited ground that the food regulator had not followed the principles of natural justice while passing the June 30, 2026 order.

The court clarified that FSSAI can reconsider the matter and issue a fresh order after following due process. The regulator has been permitted to issue a show-cause notice to Red Bull and give the company an opportunity to present its case before taking a fresh decision.

However, the High Court did not decide whether Red Bull can legally use the term “Energy Drink” on its products.

Red Bull had challenged the June 30 order issued by an FSSAI Assistant Director, which directed the company to stop using the descriptor for its range of caffeinated beverages.

The company had also challenged a July 17 communication issued by FSSAI, asking food safety authorities across states and Union Territories to take action against products allegedly violating labelling requirements.

In its petition, Red Bull argued that it had been selling its products in India under the “Energy Drink” label since 2002 and that the regulator had issued the directive without a show-cause notice or an opportunity to respond.

The company further alleged that the July communication had led to enforcement action, including the seizure of its products at several locations across the country.

Red Bull also questioned what it described as a change in FSSAI’s earlier position on the use of the term. It cited a March 2024 advisory that, according to the company, permitted the expression “Energy Drink” for products covered under the relevant food categories applicable to caffeinated beverages.

The company also referred to an April 2024 Union Health Ministry press release, along with licences, import clearances and no-objection certificates issued over the years for products carrying the same descriptor.

Red Bull argued that there had been no disclosed change in the law, regulations or scientific circumstances to justify the subsequent directive.

The company challenged the regulator's action on several grounds, including a violation of natural justice, arguing that it should have been given an opportunity to present its case before an order affecting its products was passed.

With the High Court cancelling the June 30 order, FSSAI can now examine the matter afresh after issuing a show-cause notice and considering Red Bull’s response.