Reliance sues FSSAI for preventing it from marketing Campa as an ‘energy drink’; Delhi HC stays regulator’s order

Reliance Consumer Products Ltd (RCPL), the beverages arm of Reliance Industries, has challenged the Food Safety and Standards Authority of India (FSSAI) over restrictions on marketing its Campa products as “energy drinks.” The company filed a writ petition on October 1 challenging FSSAI’s June 30 order, which directed manufacturers of high-caffeine beverages to stop marketing their products as “energy drinks.” According to the petition, state authorities had seized Reliance’s Campa stock and e-commerce platforms were asked to delist the products. Reliance said the actions disrupted its business operations, market presence and commercial goodwill. The company said it had finished inventory of 168 million cans and 120 million plastic bottles carrying the “Energy Drink” label. It also had pre-printed packaging for another 400 million cans and 360 million bottles carrying the same label. Reliance Seeks Quashing Of FSSAI Direction Reliance has sought the quashing of FSSAI’s order, arguing that the regulator acted without issuing a show-cause notice or giving the company an opportunity to present its case. The company’s petition comes after the food safety regulator directed manufacturers of high-caffeine beverages to stop using the “energy drink” descriptor for products that do not meet the applicable requirements. Reliance said the enforcement action had affected its existing inventory as well as packaging material already prepared for future production. The company has challenged the regulatory direction before the Delhi High Court. Delhi High Court Grants Interim Relief To Reliance The matter has since received an interim order from the Delhi High Court. On October 6, the court stayed FSSAI’ s direction asking RCPL to remove the “Energy Drink” descriptor from Campa Energy Drink - Gold Boost. The court also stayed the July 17 communication sent to food safety commissioners across states and Union Territories for enforcement of the direction. During the hearing, the court questioned why Reliance was not issued a show-cause notice or given an opportunity to be heard before FSSAI passed the order. The court’s interim relief allows Reliance to continue using the “Energy Drink” descriptor for Campa Energy Drink - Gold Boost while the matter is heard further. The next hearing has been scheduled for November 5. Also Read: Red Bull takes FSSAI to Delhi HC over ‘energy drink’ label; court stays regulator’s order against company PepsiCo, Monster Also Challenge FSSAI Order Reliance is not the only beverage company that has challenged FSSAI’s move. PepsiCo and Monster Beverage have also approached courts over the issue, while Red Bull has secured relief allowing it to continue using the “energy drink” description. FSSAI’s June order came as the food safety regulator stepped up scrutiny of the labelling and marketing of high-caffeine beverages. The dispute could now have wider implications for how beverages containing high levels of caffeine are labelled and marketed in India. The Delhi High Court’s further hearings will determine how the regulatory challenge progresses and whether the FSSAI direction can remain in force. Also Read: “Mumbai’s skyline—21st century. Mumbai’s infrastructure—18th century!”: Harsh Goenka takes a swipe at civic woes