On Monday, September 28, 2026, the Delhi High Court asked the Food Safety and Standards Authority of India (FSSAI) to respond to its recommendation that Red Bull discontinue the use of the descriptor “Energy Drink” for its products.
The hearing took place after Red Bull challenged the regulator’s June 30 order. Justice Amit Mahajan specifically asked FSSAI whether Red Bull had been given notice before the order was issued and whether the company had an opportunity to present its case.
Was Red Bull given notice?
The hearing was about FSSAI following the required procedure before taking action against the company.
Justice Mahajan asked the regulator to clarify whether a notice had been issued to Red Bull before the June 30 direction. The court also questioned whether there was any urgency that required the regulator to act without first hearing the company.
The court did not issue an interim order in Red Bull’s favour during Monday’s hearing. FSSAI was told to respond and the issue was marked for further consideration on September 29, 2026.
What did Red Bull say?
Red Bull has strongly challenged the regulatory action. In its petition, the company said it had been selling its products in India under the “Energy Drink” descriptor since 2002.
It argued that the June 30 order was issued without a show-cause notice or an opportunity for a hearing. Red Bull has also challenged a July 17 communication that called on food safety authorities in states and Union Territories to take action against products considered non-compliant.
Red Bull’s argument was that the prohibition would affect its existing and planned investments in India, Reuters reported.
Red Bull points to earlier FSSAI position
Red Bull also claimed that the new direction represents a shift from what it says was the regulator's earlier position.
The company referred to a March 2024 FSSAI advisory which, according to its petition, allowed the expression “Energy Drink” for products licensed under relevant categories covering caffeinated beverages.
Red Bull also cited licences, import clearances and no-objection certificates it says were issued for products carrying the same descriptor over the years.
The company said the new directions were an unexplained departure from the previous regulatory position, especially given that there was no disclosed change in law, regulation or scientific circumstances. These were Red Bull’s arguments before the court and have not been established as findings by the High Court.
FSSAI’s Regulatory Position
FSSAI has been taking action against beverage companies using the “Energy Drink” descriptor. In July, the regulator said it had issued notices to several brands like Red Bull, PepsiCo India, Reliance Consumer Products, Monster Energy and others.
FSSAI said that it had not notified a specific standard for “Energy Drink” or similar products and raised concerns about the use of such descriptors and associated claims.
Why the Case Matters
It’s not just the wording printed on beverage packaging. It is about regulatory procedure, notice and the opportunity for affected companies to respond before enforcement action is taken.
The Indian energy drink market is expanding rapidly, and several major companies are subject to the regulatory intervention, Reuters said.
The Delhi High Court has for now sought FSSAI’s response but Red Bull’s arguments are still part of the ongoing legal proceedings.
