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Delhi HC scraps FSSAI order barring Red Bull label

The Delhi High Court on Tuesday set aside a Food Safety and Standards Authority of India (FSSAI) order directing Red Bull to stop using the term “energy drink” on its products.

Justice Amit Mahajan ruled that the food regulator had passed the June 30 order without giving the company any opportunity to file a reply or explain its position, violating the principles of natural justice.

“The impugned order is set aside. The respondent is at liberty to pass a fresh order after according a hearing to the petitioner,” the court said while pronouncing its verdict.

The court clarified that FSSAI remains free to take a fresh decision in the matter after issuing a show-cause notice to Red Bull and granting the company a hearing.

Red Bull had argued that it has sold its products in India using the “energy drink” descriptor since 2002, and that the regulator’s sudden reversal created uncertainty for its business and investments. The company had also challenged a July 17 FSSAI communication to state food safety authorities, which it said triggered enforcement action and seizure of products at several locations.

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