Red Bull has approached the High Court challenging an order by the Food Safety and Standards Authority of India (FSSAI) directing the company to remove the term “energy” from its drink labels, marketing materials and advertisements.
The company has argued that it was not issued a show-cause notice or given an opportunity to present its case before the regulatory order was issued.
The dispute follows an FSSAI order issued on July 1, directing several beverage brands, including Red Bull, Sting, Adrenaline Rush, Campa Gold Boost, Hell Energy and Monster, to stop using the term “energy” within 90 days.
According to the regulator, “energy drink” is not recognised as a separate food category under the applicable regulations and there are no defined category standards for such products.
FSSAI also raised concerns about claims such as “vitalises body and mind”, stating that such wording could potentially mislead consumers.
Red Bull has challenged the regulatory direction before the High Court, arguing that the company was not provided a show-cause notice or an opportunity of being heard before the order was passed.
During the hearing, the court asked FSSAI to verify whether any notice had been issued to Red Bull before the order. The matter has been listed for further hearing.
The court proceedings concern the regulatory process followed before the direction was issued; the underlying issue of how these beverages should be classified and labelled remains under consideration.
At a meeting with beverage companies on July 24, FSSAI suggested that affected products could instead be labelled as “caffeinated beverages.”
However, industry representatives have raised concerns that the proposed terminology could be too broad. They have argued that “caffeinated beverages” could encompass a wide range of products, including soft drinks and coffee, potentially making it harder for consumers to distinguish between different types of beverages.
The industry has also referred to an FSSAI communication from April 2024 that permitted products licensed as “caffeinated beverages” to use the term “energy drinks” in certain circumstances.
The Indian Beverage Association (IBA), whose members include Red Bull, PepsiCo and Reliance, has called for a consultative and risk-based approach before enforcement.
The association has said companies should have an opportunity to present their technical and legal positions before regulatory action is enforced.
Meanwhile, the FSSAI directive has already led some beverage companies to revise their packaging and marketing. PepsiCo has said it is removing the word “energy” from its Sting products to comply with applicable regulatory requirements.
The dispute could affect how caffeinated beverages are described and marketed in India. Any changes to product nomenclature and labelling could also influence how consumers identify beverages that contain caffeine.
For now, the matter remains under judicial consideration, while the broader regulatory question over the use of the term “energy drink” continues to develop.