Red Bull has moved the High Court challenging an order of the Food Safety and Standards Authority of India (FSSAI) directing it to drop the term “energy” from its drinks.
The company has contended that it was neither issued a showcause notice nor given an opportunity of being heard before FSSAI passed the order.
During the hearing, the court asked FSSAI to ascertain whether any notice had been issued to Red Bull before the order was passed. The matter has been posted for hearing on Tuesday.
The dispute comes against the backdrop of FSSAI’s July 1 order directing Red Bull, Sting, Adrenaline Rush, Campa Gold Boost, Hell Energy and Monster to drop the word “energy” from their labels, marketing and advertisements within 90 days. The regulator said it did not recognise “energy drink” as a category and cited the absence of defined category standards, along with concerns that claims such as “vitalises body and mind” could mislead consumers.
At a meeting with beverage companies on July 24, FSSAI suggested that the products could instead be labelled as “caffeinated beverages”. Industry representatives have opposed the nomenclature, arguing that the term is too broad and could cover products ranging from soft drinks to coffee, potentially confusing consumers.
The industry has also pointed to FSSAI’s April 2024 communication, which had permitted the use of the term “energy drinks” for products licensed as “caffeinated beverages”. The regulator had earlier, in 2016, prescribed caffeine limits for such drinks and mandated disclosure requirements on labels.
The Indian Beverage Association, which counts Red Bull, PepsiCo and Reliance among its members, has sought a “consultative and risk-based approach before enforcement”, saying companies should be given an opportunity to present their technical and legal positions before enforcement action is taken.
The regulatory move has also prompted brands to rework their packaging and advertising. PepsiCo has said it is dropping the word “energy” from Sting to comply with applicable regulatory requirements.
