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Informist, Tuesday, Sept. 29, 2026

 

--HC sets aside FSSAI order asking Red Bull to not use energy drink in pdts 

 

NEW DELHI – The Delhi High Court Tuesday set aside the Food Safety and Standards Authority of India's order asking the company to not use the "energy drink" name in their products for alleged misbranding and misleading claims. The order against Red Bull India was passed by the food safety regulator without giving the company an opportunity to file a response, in violation of the principle of natural justice, the high court said.

 

The food safety regulator is at liberty to take a fresh decision after issuing a show-cause notice and granting the company an opportunity of hearing, it said.

 

Monday, Red Bull India had said the Food Safety and Standards Authority of India neither gave any show-cause notice nor provided any hearing to the company before giving such an order. The high court had asked the regulator to find out if any show-cause notice was given to Red Bull India on use of the "energy drink" name. Tuesday, the food safety regulator said its communication to Red Bull India itself could be treated as a show-cause notice and the concern was only with the use of the words "energy drink" and not with the product itself. However, the high court questioned whether Red Bull India had at any stage been specifically called upon to explain why action should not be taken against it.

 

Earlier, the food safety regulator had sought responses from several beverage companies over the use of the term "energy drink" and related promotional claims, saying there was no notified standard for such products under India's food safety regulations. It had also objected to claims suggesting the beverages enhance energy, focus or help combat general weakness, calling them impermissible under existing laws.

 

The regulator had named products such as Hell Energy Drink, Adrenaline Rush Energy Drink, Red Bull Energy Drink, and Sting Energy Drink. The companies cannot make functional or therapeutic claims related to boosting energy, improving focus or addressing general weakness unless such claims are specifically permitted under the law, it had said.

 

Regarding the petitioner's product, the regulator had noted the claims made by Red Bull Energy Drink were that it "vitalises body and mind," "enhancing focus," "boost energy levels," and "aid in general weakness". These functional or therapeutic claims are not allowed for food products, the regulator argued. It had given the companies 90 days from July to drop "energy drink" or any similar description.  End

 

Reported by Surya Tripathi

Edited by Shubhayan Bhattacharya

 

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