The Delhi High Court has declined PepsiCo India’s request for urgent interim relief, preventing the company from continuing to manufacture its popular beverages, “Adrenaline Rush Energy Drink - Ultimate Performance” and “Sting Energy,” with the contentious “Energy Drink” designation on their labels.
FSSAI's Objections to 'Energy Drink' Labeling
This judicial intervention stems from an ongoing dispute between PepsiCo India and the Food Safety and Standards Authority of India (FSSAI). The food safety regulator has challenged the use of the term “energy drink,” asserting that there is no officially notified standard for such products under India’s current food safety regulations.
Furthermore, the FSSAI has raised strong objections to promotional claims that suggest these beverages enhance energy, improve focus, or help combat general weakness. The regulator deems these claims impermissible under existing legal frameworks governing food and beverage labeling in the country.
PepsiCo's Arguments and Commercial Impact
PepsiCo India, in its challenge against the FSSAI's directive, argued that the prohibition would lead to significant commercial consequences and substantial financial losses, citing considerable investments already made. The company highlighted that as of July 31, it had approximately 492 million bottles and 26 million cans bearing these labels already in circulation.
The beverage giant also contended that it was not issued a show-cause notice or afforded a proper hearing by the FSSAI before the order to cease using the 'energy drink' label was passed. PepsiCo further sought a modification of an earlier single-judge bench order, pointing out that a competitor, Red Bull India Pvt. Ltd., had reportedly been allowed by the court to sell its products using similar “energy” nomenclature.
Next Steps in the Legal Battle
While an earlier single-judge bench had stayed the FSSAI’s initial order until November 5, it explicitly clarified that PepsiCo would not be permitted to manufacture new products with the “energy drink” labels during this period. The Delhi High Court has now scheduled a further hearing for October 30 to consider PepsiCo’s plea for permission to continue manufacturing the products under the disputed names.