3 min readNew DelhiUpdated: Sep 29, 2026 04:04 PM IST
Red Bull India has approached the Delhi High Court, claiming that the regulatory process was not followed before the use of the globally recognised descriptor was prohibited. (Photo: Wikimedia Commons)
The Delhi High Court Tuesday set aside a Food Safety and Standards Authority of India (FSSAI) order to Red Bull India Pvt Ltd, that had directed the company to discontinue using the “energy drink” description for its caffeinated products.
Justice Amit Mahajan, after hearing the plea on Monday and Tuesday, observed that FSSAI did not provide Red Bull the opportunity of a hearing.
“It remains undisputed that the order dated June 30 directing (Red Bull) to not use the term ‘Energy Drink’ in its product was passed without affording any opportunity to the petitioner to file any reply or give any explanation,” Justice Mahajan recorded in his order.
On Tuesday, FSSAI’s counsel told the court that the June 30 order was a “show-cause, and not an order”, since it had “requested” for the change in the label.
The counsel added, “We are only saying the word ‘energy drink’ is the problem, the product itself is not the problem.”
FSSAI’s counsel further countered, “A meeting happened on July 24, where they participated and they agreed that they will make the relevant changes within 60 days.”
But the court refused to accept this argument.
Justice Mahajan orally inquired from the FSSAI’s counsel: “You don’t request anyone, you’re the government. Which notice asked them to explain? Did you issue any notice?”
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Senior advocate Sandeep Sethi, appearing for Red Bull, also pointed out that the FSSAI’s order came after the company had made its representation on July 24, agreeing to relevant changes.
The court left it open for the FSSAI to take a fresh decision in the matter after following due process by issuing Red Bull a show-cause notice and granting the company the opportunity of a hearing.
The court also recorded that it had not examined the merits of whether Red Bull’s products violate any provision of the FSSAI Act or the FSSAI’s powers to pass such orders.
Red Bull’s stance
According to Red Bull, it has been using the “Energy Drink” descriptor for its beverage products in India since 2002. It said the FSSAI previously recognised the use for the relevant category of caffeinated beverages.
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Arguing that the regulatory body has departed from its earlier position, Red Bull referred to a March 2024 FSSAI advisory which permitted the expression “Energy Drink” for products falling under relevant food categories.
Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court
Professional Profile
Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express.
Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare).
Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others.
She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020.
With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram
Recent Notable Articles (Late 2025)
Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles:
High-Profile Case Coverage
She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots.
She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy.
Signature Style
Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system.
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