Delhi High Court Questions FSSAI Action Requiring Red Bull to Drop 'Energy Drink' Descriptor

The Delhi High Court questioned whether FSSAI could direct Red Bull to discontinue the descriptor 'Energy Drink' without first issuing a show-cause notice or granting an opportunity of hearing.

What happened

The Delhi High Court questioned whether FSSAI could direct Red Bull to discontinue the descriptor 'Energy Drink' without first issuing a show-cause notice or granting an opportunity of hearing. The company challenges a June order and a consequential July communication that it says triggered enforcement action, including seizure of products. Justice Amit Mahajan asked the regulator to take instructions specifically on whether procedural notice had been given and observed that no obvious urgency justified bypassing a hearing. The Court granted no interim protection at this stage and listed the matter for September 29. The challenge therefore remains open on procedural and regulatory grounds.

Legal significance

The legal effect is confined to the present ruling or procedural development. Allegations and submissions are not treated as established facts.

What follows

The matter proceeds according to the operative judicial or statutory process described above.

Source: Original report