Red Bull has received relief from the Delhi High Court over the Food Safety and Standards Authority of India (FSSAI) order to stop using the term “Energy Drink” in its products. They have been ordered to stop using the descriptor on September 29, 2026, by the FSSAI.
The court’s decision came after Red Bull challenged the regulator’s action, claiming that it had not been given prior notice and an opportunity to argue for its position before the order was issued and had not been given enough time to explain its position.
What did the Delhi High Court decide?
Justice Amit Mahajan heard Red Bull's petition against the FSSAI direction. The court found that the company had not been given an opportunity to be heard before the regulator passed the order.
The High Court therefore set aside the FSSAI direction on procedural grounds. Importantly, the ruling does not permanently conclude that Red Bull has an unrestricted right to use the “Energy Drink” label.
FSSAI will be free to reassess the matter if it follows the procedure and Red Bull has the opportunity to respond.
How did the dispute begin?
The dispute goes back to an FSSAI order dated June 30, 2026, which suggested Red Bull discontinue the use of the “Energy Drink” term for its caffeinated beverages.
Red Bull subsequently challenged the order in the Delhi High Court. The company also disputed a July 17 communication from food safety authorities in states and Union Territories to take action against products considered non-compliant.
Red Bull told the court it sold its products in India using the “Energy Drink” descriptor since 2002. The company added that the regulatory position changed without adequate explanation or an opportunity for it to respond.
Court questioned Lack of Notice
The issue of procedural fairness was at the heart of the case.
In the September 28 hearing, Justice Amit Mahajan had asked FSSAI whether Red Bull had received a show-cause notice before the June order was issued. The court then listed the matter for September 29.
The next day the court quashed the order by finding that Red Bull had not been given the opportunity to present its views.
What will happen after this all is over?
The recent ruling at least provides short-term relief to Red Bull from the FSSAI order that required it to stop using the descriptor, but the regulatory question remains open.
FSSAI can issue a fresh notice and hear Red Bull’s response and take another decision in accordance with the applicable procedure. Reuters reported that the food regulator plans to appeal the court’s decision, citing public-health concerns.
How is the case important?
The dispute has implications beyond Red Bull because India’s food regulator has been monitoring the use of the “Energy Drink” descriptor on high-caffeine beverages.
The case also shows the importance of procedural safeguards in place when regulatory decisions directly affect a company’s products and commercial operations.
But the September 29 Delhi High Court ruling sets aside the FSSAI order, but does not permanently resolve the legality of the “Energy Drink” label.
