Red Bull Challenges FSSAI’s Order To Drop ‘Energy Drink’ Descriptor

Red Bull has moved the Delhi High Court against a Food Safety and Standards Authority of India (FSSAI) direction asking the company to stop using the term “Energy Drink” for its caffeinated beverages.

The matter came up before Justice Amit Mahajan on September 28. The court asked FSSAI whether Red Bull had been issued a show-cause notice or given an opportunity to be heard before the order was passed, according to a Bar & Bench report.

The court has asked FSSAI to take instructions on the issue. It also questioned whether there was any urgency that required action without first hearing the company. The matter will be heard again on September 29, with no interim protection granted to Red Bull in Monday’s hearing, according to the report.

Red Bull Challenges FSSAI Direction

Red Bull has challenged a June 30 order issued by an FSSAI assistant director directing it to discontinue the “Energy Drink” descriptor. It has also challenged a July 17 communication asking food safety officers across states and Union territories to act against allegedly non-compliant products.

The company has said it has sold its products in India under the “Energy Drink” descriptor since 2002. It has alleged that the latest direction was issued without a show-cause notice or an opportunity to present its case.

Red Bull has also claimed that enforcement action, including seizure of its products at some locations, followed the regulator’s communication. The company has argued that the move represents a departure from FSSAI’s earlier position on the terminology.

Wider Industry Dispute

According to The Economic Times (ET), FSSAI’s July 1 order asked Red Bull, Sting, Adrenaline Rush, Campa Gold Boost, Hell Energy and Monster to remove the word “energy” from labels, marketing and advertisements within 90 days.

The regulator said it did not recognise “energy drink” as a separate category and raised concerns over the lack of defined category standards and potentially misleading claims. FSSAI later suggested that such products could instead be labelled as “caffeinated beverages”, ET reported.

Red Bull has pointed to a March 2024 FSSAI advisory and an April 2024 Health Ministry communication as part of its challenge. The company has argued that its products had previously been permitted to use the descriptor and that the latest direction lacks a clear regulatory or scientific basis.