Red Bull Challenges FSSAI Order Over 'Energy Drink' Label
Red Bull moves Delhi High Court against FSSAI order to stop using the term 'Energy Drink' for its products.
In a significant legal battle over product labeling, Red Bull has approached the Delhi High Court to challenge a recent directive from the Food Safety and Standards Authority of India (FSSAI). The regulator had ordered the beverage giant to stop using the descriptor "Energy Drink" for its caffeinated product range.
Court Questions FSSAI's Procedure
During the hearing on Monday, Justice Amit Mahajan raised critical questions regarding the regulatory process followed by the FSSAI. The Court sought clarity on whether the food safety regulator had issued a show-cause notice to Red Bull, providing the company an opportunity to explain its position before the order was finalized.
The Court specifically questioned the necessity of taking immediate enforcement action without first granting the company a fair hearing. Consequently, the Court has asked the FSSAI to take detailed instructions on the matter. While the petition was heard, no interim protection was granted to Red Bull during this session.
The Core of the Dispute
The legal challenge centers on two specific actions taken by the regulator:
- The June 30 Order: An order issued by an Assistant Director of the FSSAI directing the removal of the "Energy Drink" label from all caffeinated beverages in the company's lineup.
- The July 17 Communication: A subsequent directive sent to food safety authorities across various States and Union Territories, instructing them to take action against products deemed non-compliant.
Red Bull has expressed concern that these communications have already led to enforcement actions, including the seizure of products at multiple locations across India.
Red Bull's Defense: A Longstanding Practice
Red Bull's petition highlights that the company has been successfully selling its products in India since 2002 using the "Energy Drink" descriptor. The company argues that the sudden shift in the FSSAI's stance lacks a clear basis, especially considering a March 2024 advisory.
According to the company's petition, that previous advisory had clarified that the use of the expression "Energy Drink" is permissible for products falling under the specific food categories applicable to caffeinated beverages. Red Bull maintains that the recent orders were issued without prior notice, bypassing the standard principle of natural justice.
The matter is scheduled for further hearing on September 29.