NEW DELHI: The Delhi high court on Tuesday stayed a Food Safety and Standards Authority of India (FSSAI) order directing Reliance Consumer Products Ltd (RCPL) to remove the “Energy Drink” descriptor from its Campa Energy Drink – Gold Boost, providing interim relief to the company in its challenge against the regulator’s action.Justice Amit Mahajan also stayed the consequential communication issued by the FSSAI on July 17, 2026, and all further steps taken pursuant to the June 30 order and the subsequent communication.The June 30 order had directed RCPL to remove the descriptor “Energy Drink” from its Campa Energy Drink – Gold Boost.The July 17 communication had asked the Commissioners of Food Safety of all States and Union Territories to take steps to enforce the June 30 direction against RCPL.The company challenged both the original FSSAI order and the subsequent communication before the Delhi high court.
HC cites lack of show-cause notice before FSSAI action
The court granted interim protection to RCPL after noting that the FSSAI directions had been issued without first serving the company with a show-cause notice or giving it an opportunity to present its case.The plea argued that the action was contrary to the principles of natural justice, under which a person or entity likely to be affected by an administrative decision should be given a fair opportunity of hearing.The high court’s order means that, during the pendency of the proceedings, the June 30 direction requiring RCPL to drop the “Energy Drink” descriptor from Campa Energy Drink – Gold Boost will remain stayed, along with the consequential enforcement communication and steps taken under it.
FSSAI order relates to ‘Energy Drink’ descriptor
The dispute concerns the use of the term “Energy Drink” for beverages containing caffeine.FSSAI had issued its June 30 direction to manufacturers concerning the description used for certain high-caffeine beverages. RCPL subsequently approached the high court challenging the action taken against its Campa product.During the hearing, the court also questioned the regulator about the procedure followed before issuing the direction. The court observed that it was “never too late” for the authority to correct the issue, according to the submissions recorded during the proceedings.
Other beverage firms also challenge FSSAI direction
The matter assumes significance as similar challenges have also been raised before the Delhi high court by other beverage companies following the FSSAI’s directions concerning the use of the “Energy Drink” descriptor.RCPL was represented by Senior Advocate Sandeep Sethi, instructed by Karanjawala & Co. The legal team was led by Senior Partner Ruby Singh Ahuja and comprised Advocates Ravneet Kaur Malik, Piyush Sharma, Abhyuday Mishra and VAswal.(With ANI inputs)
