The Delhi High Court on Tuesday set aside an order passed by the Food Safety and Standards Authority of India (FSSAI) directing Austrian beverage producer Red Bull to stop using the term “Energy Drink” for its caffeinated beverages.

Justice Amit Mahajan said that Red Bull was not given an opportunity of being heard before the order was passed by the food regulator.

The Court said that FSSAI will be free to take a fresh decision after following principles of natural justice and granting Red Bull an opportunity of being heard.

Red Bull had challenged FSSAI's order passed on June 30 directing it to discontinue the use of the descriptor “Energy Drink” on its range of caffeinated beverages.

It had also challenged a communication issued on July 17 directing food safety authorities in States and Union Territories to take action against products considered non-compliant.

The plea said that Red Bull has been selling its products in India with the “Energy Drink” descriptor since 2002.

It was contended that the impugned order was issued without a show-cause notice or an opportunity of hearing.

According to the plea, the subsequent impugned communication resulted in enforcement action, including the seizure of its products at several locations.

Title: Red Bull v. Union of India & Ors