- Red Bull sued FSSAI over its ban on the energy drink descriptor in India
- FSSAI ordered companies to drop "energy drink" label within 90 days in July
- FSSAI states no Indian standards exist for energy drinks, only caffeinated beverages
Austrian company Red Bull has sued the Food Safety and Standards Authority of India (FSSAI) over its ban on the "energy drink" descriptor. In July, the FSSAI privately gave global beverage companies 90 days to drop "energy drink", or any similar description, from high-caffeine beverages, including PepsiCo, Red Bull, Monster Beverage, Reliance and Hell Energy.
According to the FSSAI, there are currently no prescribed Indian standards for products marketed as "energy drinks". Instead, these products are regulated as caffeinated beverages, and using the term "energy drinks" breaches regulations.
In its court filing, Red Bull maintains that the order was issued without prior notice and is creating uncertainty for its investments in the country. Previously in July, a source from a leading beverage company told NDTV Food, "Manufacturing of new products has been stopped, but the struggle of exhausting the current stock prevails. While smaller distributors continue to buy limited quantities for sale in dhabas, roadside stalls and kiosks, larger distributors catering to supermarkets and retail chains have become reluctant to stock products that may soon require label changes, creating a bottleneck in moving existing inventory."
The Delhi High Court on Monday asked FSSAI whether it had issued a notice to Red Bull before directing the company to discontinue using the descriptor "Energy Drink" for its products. The matter is listed for hearing today.
Why FSSAI Is Against 'Energy Drink' Label
According to FSSAI, in many such beverages, the primary source of energy is simply added sugar and high caffeine content. FSSAI says labels must not mislead consumers and that the term "energy drink" may create the impression of special health or energy benefits.
The regulator has also expressed concern over promotional claims such as "vitalises body and mind" and "helps in general weakness", stating that such messaging could mislead consumers.
A government source said the Food Safety and Standards Authority of India will defend its decision in court against Red Bull.
