Delhi HC sets aside FSSAI order directing Red Bull to drop ‘energy drink’ label
The court observed that the regulator had issued the June 30 directive without giving the company an opportunity to respond or present its case
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Published: Sep 30, 2026 1:26 PM | 2 min read
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- The Delhi High Court has overturned an FSSAI order that prohibited Red Bull from labeling its products as 'energy drinks,' citing a lack of opportunity for the company to respond.
- The court emphasized that the FSSAI's directive, issued on June 30, violated principles of natural justice by not allowing Red Bull to present its case.
- FSSAI's counsel admitted that no separate show-cause notice was provided to Red Bull, which has used the term 'energy drink' for its products in India since 2002.
- The court has permitted FSSAI to issue a new order regarding the terminology, provided it follows due process and allows Red Bull to be heard.
The Delhi High Court has set aside a Food Safety and Standards Authority of India (FSSAI) order directing Red Bull to stop using the term ‘energy drink’ for its beverage products, according to media reports.
The court observed that the regulator had issued the June 30 directive without giving the company an opportunity to respond or present its case.
The court has allowed FSSAI to issue a fresh order after following due process, including giving Red Bull an opportunity to be heard.
The matter stems from Red Bull’s challenge to the FSSAI directive, which asked the company to discontinue the use of ‘energy drink’ on its products.
According to media reports, the court held that the lack of an opportunity to respond was contrary to the principles of natural justice.
During the proceedings, FSSAI’s counsel acknowledged that no separate show-cause notice had been issued to Red Bull. The regulator maintained that its June 30 communication itself constituted a notice and clarified that its concern was restricted to the use of the term ‘energy drink’, rather than the products themselves.
Red Bull had argued that it has been using the term for its beverages in India since 2002 and that FSSAI had previously recognised the terminology for the relevant category of caffeinated beverages.
At an earlier hearing, the court had sought clarity on whether Red Bull had been given prior notice and questioned whether there was any urgency that warranted action without hearing the company.
With the order now set aside, FSSAI can reconsider the matter and issue a fresh direction after following the required procedure.
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