Red Bull challenges FSSAI’s directive, arguing it was not given a show-cause notice or an opportunity to present its case before the order
Red Bull has approached the High Court challenging a Food Safety and Standards Authority of India (FSSAI) directive requiring the company to remove the word “energy” from its drink labels, marketing material and advertisements, according to media reports.
The company has argued that the regulator issued the order without first serving a show-cause notice or allowing it to present its case. During the hearing, the court asked FSSAI to verify whether any notice had been issued to Red Bull before the directive was passed, with the matter posted for hearing on Tuesday.
The dispute stems from an FSSAI order dated 1 July directing Red Bull and other beverage brands, including Sting, Adrenaline Rush, Campa Gold Boost, Hell Energy and Monster, to remove the term “energy” from their product labels and promotional material within 90 days.
FSSAI has said it does not recognise “energy drink” as a separate category because there are no defined category standards for such products. The regulator has also raised concerns over claims such as “vitalises body and mind”, arguing that such descriptions could potentially mislead consumers.
The regulator has suggested that the affected products instead be labelled as “caffeinated beverages”.
Industry Seeks Consultative Approach
The regulatory action has implications beyond Red Bull, with beverage companies having to review their packaging and advertising. PepsiCo has said it is removing the word “energy” from Sting to comply with applicable regulatory requirements.
The Indian Beverage Association (IBA), which has Red Bull, PepsiCo and Reliance among its members, has called for a consultative and risk-based approach before enforcement. The association has also said companies should be allowed to present their technical and legal positions before regulatory action is taken.
The regulatory framework for such beverages includes caffeine limits and disclosure requirements. In 2016, FSSAI set a maximum caffeine limit of 300 mg per litre for these drinks and required companies to disclose caffeine content on product labels.
The High Court proceedings will now examine whether FSSAI followed due process before directing Red Bull to change its product labelling, alongside the broader question of how the affected beverages should be classified and labelled.
