Delhi High Court Quashes FSSAI Ban on Energy Drink Label
The Delhi High Court set aside a regulatory order prohibiting Red Bull GmbH from using the term energy drink on its product labels in India.
The Delhi High Court quashed a June 30, 2026, order from the Food Safety and Standards Authority of India (FSSAI) that prohibited Red Bull GmbH from using the descriptor energy drink on its labels, marketing, and advertisements. Justice Amit Mahajan ruled that the regulator violated principles of natural justice by issuing the directive without providing the company a show-cause notice or an opportunity to file a reply.
The FSSAI had directed several brands, including Monster and Adrenaline Rush, to remove the term within 90 days, arguing that energy drink is not a recognized category and could mislead consumers. The regulator suggested using caffeinated beverages instead. Red Bull GmbH challenged the order and a subsequent July 17 communication that led to the seizure of its products across India, arguing the move was an abrupt departure from previous licenses and a March 2024 advisory.
Red Bull GmbH contended that the prohibition introduced substantial regulatory uncertainty and threatened its commercial investments in a market projected to reach $1.6 billion by 2028. While the FSSAI maintained that it had historically never permitted the descriptor, the court found the process flawed. The court ordered the agency to consider the matter afresh after following due process and granting the company a fair hearing.