The Delhi High Court on Tuesday quashed a food regulator’s direction that would have stopped Red Bull from describing its caffeinated drinks as “Energy Drink.
The court held that the company was never heard before the order was issued.
The court left the door open for the regulator. FSSAI can take a fresh decision on the matter, provided it first follows the principles of natural justice and lets Red Bull put its side across. The Austrian beverage maker went to court against two things. It argued that FSSAI passed the order without issuing a show-cause notice and without giving it a hearing.
Justice Amit Mahajan set aside the order of the Food Safety and Standards Authority of India (FSSAI), which was dated June 30. The second was a communication of July 17, which asked food safety authorities in the States and Union Territories to act against products the regulator considered non-compliant.
The first was the June 30 order telling it to drop the “Energy Drink” descriptor from its range of caffeinated beverages. Red Bull told the court that it has sold its products in India under the “Energy Drink” description since 2002.
