Red Bull remains an ‘energy drink’: Delhi HC sets aside FSSAI order; here’s why

Red Bull remains an ‘energy drink’ for now.  The Delhi High Court set aside an order by the Food Safety and Standards Authority of India (FSSAI) that directed Red Bull to stop using the term ‘energy drink’ on its products.

The dispute began when FSSAI asked Red Bull to discontinue the use of ‘energy drink’ on its beverages. Red Bull challenged this, stating the order was issued without allowing the company to explain itself.

The court ruled that the June 30, 2026 order was passed without giving Red Bull an opportunity to respond or explain its position.

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Justice Amit Mahajan allowed Red Bull’s plea on the limited ground that the principles of natural justice were violated. The court did not decide on the broader labelling issue and said FSSAI could issue a fresh order after giving Red Bull a chance to be heard through a show-cause notice.

While delivering the judgment, the court said, “The petition is allowed. The impugned order is set aside. The respondent is at liberty to pass a fresh order after according a hearing to the petitioner.”

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FSSAI told the court that no separate show-cause notice had been issued and that the June 30 letter itself served as a notice. The regulator also clarified that its concern was only about the use of the words ‘energy drink’, not the product itself.

Red Bull stated that it has used the term ‘energy drink’ in India since 2002 and that FSSAI had earlier recognised this description for caffeinated beverages. The court did not make a final ruling on whether the term is allowed under FSSAI’s food labelling rules but said the regulator can reconsider the matter after following due process.

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With the June 30 order set aside, Red Bull can continue using the term ‘energy drink’ on its labels for now. FSSAI remains free to issue a fresh order after issuing a show-cause notice and giving the company a hearing.