India’s Energy-Drink Labelling Dispute Reaches the Courts

A dispute over two words on a beverage can — “energy drink” — has developed into a significant legal challenge to India’s food-safety regulator.

The Food Safety and Standards Authority of India (FSSAI) directed manufacturers of high-caffeine beverages to stop using the term “energy drink” on their products. PepsiCo, Monster Beverage and Reliance Industries challenged the directive before the Delhi High Court, arguing that the regulator’s action was taken without giving them adequate notice or an opportunity to respond.

The procedural issue has already gained importance. In a separate case involving Red Bull, the Delhi High Court set aside FSSAI’s order after finding that the company had not been given an opportunity to present its case before the directive was issued. The court, however, left the regulator free to reconsider the matter after following the proper process.

On October 6, the court also granted temporary relief to PepsiCo, Monster and Reliance, allowing them to continue using the disputed label while the legal challenges proceed.

The wider legal question is therefore not simply whether these beverages should be called “energy drinks.” It concerns regulatory authority, procedural fairness and the right of businesses to be heard before regulatory action is taken.

The cases remain ongoing, meaning the court has not yet delivered a final ruling on whether the disputed labelling itself violates India’s food-safety rules.