Delhi HC issues notice to Red Bull on food regulator's review plea

New Delhi: The Delhi High Court on Friday issued notice to Red Bull India on a review petition filed by the Food Safety and Standards Authority of India (FSSAI), challenging the court’s earlier order that set aside its direction restricting the use of the term “energy drink” on the beverage maker’s products.

The matter has been listed for a hearing in January, along with petitions filed by other beverage companies, including PepsiCo India, Reliance Consumer Products, and Monster Energy India, challenging FSSAI’s action against the use of the “energy drink” description.

Justice Amit Mahajan asked Red Bull to file its response to the review plea.

The dispute began after FSSAI issued a direction on 30 June, asking Red Bull India to stop using the term “energy drink” on its products. A subsequent communication was issued on 17 July.

Red Bull approached the high court, arguing that it had been using the description in India for several years and that the regulator had earlier permitted the use of the term for products falling under specified food categories.

The court later set aside the FSSAI direction, holding that the regulator had not given Red Bull an adequate opportunity to respond before passing the order. The court, however, did not decide whether the term “energy drink” could be used on the products.

Following Red Bull’s challenge, other major beverage companies also approached the high court against the FSSAI crackdown. PepsiCo India challenged the action covering its Sting and Adrenaline Rush products, while Monster Energy India challenged directions covering Monster Energy and Predator Energy.

Reliance Consumer Products separately moved the court over the use of the term on its Campa Energy Drink-Gold Boost. The companies have argued that FSSAI acted without giving them prior notice or an opportunity to be heard.

The court subsequently granted interim relief to the companies. In the PepsiCo and Monster cases, Justice Mahajan stayed the regulator’s orders after noting that they had been passed without show-cause notices and an opportunity of hearing. Delhi HC notice to Red Bull on FSSAI review plea; energy drink cases listed for JanuaryThe court allowed the companies to sell existing stock carrying the “energy drink” description, while not permitting fresh manufacturing with the disputed label.

The companies also told the court that the action had affected their existing inventory and packaging, which had already been manufactured and printed with the “energy drink” description.

FSSAI, meanwhile, has maintained that India does not have a separately notified standard for “energy drinks”. The regulator has also accused companies of using the description in a manner that could mislead consumers and has raised concerns about the caffeine, sugar, and taurine content of such beverages.

Krishna Yadav is a Senior Correspondent at Mint, based in New Delhi, and part of the corporate bureau. He joined the newsroom as a trainee in 2023 and quickly grew into his current role. He writes on legal and regulatory developments in corporate India, with a focus on insolvency, taxation, company law, and policy. His reporting includes tracking and breaking key legal stories from the Supreme Court, Delhi High Court, NCLT, and NCLAT.<br><br>With a background in law, Krishna is known for simplifying complex legal developments into clear, accessible stories for readers. His work focuses on trends in corporate law and policy that affect businesses. This ranges from explaining tax disputes—like whether coconut hair oil is edible—to writing on why celebrities are seeking personal rights protection. He closely tracks India’s insolvency system, covering issues such as creditor losses, gaps in the process, and challenges in how the framework works in practice.<br><br>Krishna also tracks developments within law firms—covering hiring trends, how firms help companies navigate global challenges, and how the legal industry is adapting to artificial intelligence. Beyond legal reporting, he has written long-form pieces, including on-ground coverage of the 2024 general elections, capturing the scale and logistics of polling across India.<br><br>Outside work, he enjoys travelling, exploring new places, and reading about geopolitics and history.

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