By: Akanksha
The Food Safety and Standards Authority of India (FSSAI) has accused global beverage giants PepsiCo and Monster Beverage of intentionally marketing their high-caffeine drinks as energy drinks to deceive consumers, according to court documents. The regulator mounted a strong defense in a 57-page affidavit filed on October 28 before the Delhi High Court, arguing that there are no set standards in India for drinks marketed as energy drinks.
However, India does have existing standards for caffeinated beverages, and FSSAI's March 2024 advisory had permitted the use of the term "Energy" on products licensed under specified food categories. The current dispute concerns the regulatory classification of these products and whether companies can continue using the energy-drink description under the applicable provisions.
Seeking to dismiss separate legal challenges from the beverage giants, the FSSAI maintained that because no standards exist for an energy category in India, companies are intentionally misbranding drinks containing high levels of caffeine and sugar to deceive consumers.
In the court documents, PepsiCo was accused of intentionally marketing its high caffeine drinks as energy drinks to deceive consumers. These products include Sting Energy, which drove the popularity of energy drinks in India after launching in affordable 21-cent bottles in 2017, and Adrenaline Rush. However, the food safety regulator noted that PepsiCo continued to market these products as energy drinks despite knowing that it must abide by the standard for caffeinated beverages.
The regulator stated that, “purposely in order to dupe the consumers, a product is being marketed as an ‘Energy Drink,’” in its October 28 court filings.
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In its 57-page affidavit, the FSSAI argued that using the term “energy drink” causes misbranding. The regulator explained that in a communication sent to PepsiCo on June 30, it clearly stated that the company must not use the term “energy drink” as part of any product name or description.
The regulator also argued that the order does not place a new restriction on companies, but instead enforces the Food Safety Standards Act, 2006, and its accompanying regulations.
It stated that claims made about the drinks, such as “vitalizes body and mind” and “helps in general weakness,” are misleading.
The regulator initially instructed companies to remove all labelling, marketing, and advertising containing the word “energy” within 90 days.
India already has food safety standards for caffeinated beverages. However, the current legal dispute concerns whether companies can market these products specifically as "energy drinks."
In a March 28, 2024, advisory, the FSSAI clarified that the word "Energy" could be used on certain carbonated and non-carbonated flavored drinks that fall under specified food categories (FCS 14.1.4.1 and 14.1.4.2). These categories are covered under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011.
The advisory also addressed the incorrect labelling of certain dairy-based, cereal-based and malt-based drink mixes as "health drinks" or "energy drinks" on e-commerce platforms. The FSSAI clarified that "Health Drink" is not a formally defined food category under the Food Safety and Standards Act, 2006.6
Under India's existing standards, caffeinated beverages must meet the following requirements:
| Requirement | FSSAI standard |
|---|---|
| Caffeine content | 145-300 mg per litre |
| Caffeine declaration | Actual caffeine content must be stated in mg per serving |
| Health warning | Not recommended for children, pregnant or lactating women, or people sensitive to caffeine |
| Consumption declaration | Must carry the instruction: "Consume not more than 500 ml per day" |
These requirements are specified under Regulation 2.10.6(2) of the 2011 regulations.7 Importantly, the 500 ml declaration is a mandatory labelling instruction, not a recommendation that children can safely consume this quantity.
The distinction is important in the ongoing legal dispute. Although India regulates the caffeine content and labelling of caffeinated beverages, the FSSAI argues that there is no separately notified standard for a category specifically called "energy drinks". The beverage companies, however, have relied on the regulator's March 2024 advisory to challenge the restrictions imposed in 2026.
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This legal case is part of a wider, unprecedented food safety crackdown on the marketing of high-caffeine drinks and is seen as a test of how far the regulator can go in restricting product labelling. PepsiCo and Monster Beverage have both taken separate legal action in the Delhi High Court against the order barring the “energy drink” description. Both companies argue that the regulator acted unilaterally with no prior notice.
The FSSAI has also raised allegations against Monster Beverage, accusing the company of marketing its high-caffeine drinks as energy drinks in a manner that could deceive consumers. Neither the companies nor the regulator responded to questions from Reuters. Other companies have also taken legal action in the Delhi High Court, including Red Bull, Hell Energy, and Reliance Consumer, which is part of the Reliance group owned by billionaire Mukesh Ambani.
The stakes are high for these companies.
According to Euromonitor data, the energy drink market in India is set to grow to $1.6 billion by 2028, with sales increasing by 12.6% annually, a faster growth rate than in both the United States and China.
When PepsiCo took the case to the Delhi High Court, Justice Amit Mahajan placed a stay on the order, allowing companies to continue selling drinks with “energy drink” labeling until they run out of existing stock. However, PepsiCo and other companies cannot use the term on new batches until the next court hearing on Friday, and the court has asked for a formal response from the regulator.
The FSSAI strongly argued against allowing PepsiCo to extend the timeframe by 12 months to use up its current packaging, maintaining that public health, particularly protecting children from impulse consumption, must take priority over corporate profits.
“The regulatory concern is rooted in serious public health risks and consumer deception," the FSSAI stated in its filings. These drinks contain high amounts of caffeine, sugar, and taurine, an amino acid that researchers can contribute to health issues. Due to growing health concerns globally, England has announced that it will ban the sale of these drinks to children under 16 starting in April next year.
The UK Department of Health and Social Care confirmed on July 16, 2026, that England intends to prohibit the sale of high-caffeine energy drinks to children under 16 from April 2027, subject to parliamentary approval. The proposed restriction applies to drinks, other than tea or coffee, containing more than 150 mg of caffeine per liter. It covers retail sales, including online purchases and vending machines.8
The Indian Academy of Pediatrics (IAP) has also issued recommendations on energy-drink consumption among children and adolescents. Its 2019 guidelines on fast foods, junk foods, sugar-sweetened beverages, fruit juices and energy drinks specifically recommend that caffeinated energy drinks should not be consumed by children and adolescents.
The guidelines also highlight potential associations between caffeinated drinks and cardiac and sleep disturbances. They support restrictions on the sale of unhealthy foods and beverages in school canteens and their nearby areas, alongside measures to improve the availability of healthier alternatives.9
The primary medical condition associated with the overconsumption of these drinks is caffeine intoxication, clinical caffeine toxicity. Clinical caffeine toxicity can occur when consuming caffeine at or above 200mg, causing severe anxiety, insomnia, digestive issues, muscle twitching, an increased heart rate, and psychomotor agitation.1,2
Studies show that energy drinks offer no therapeutic benefits to children or adolescents, whose smaller body mass places them at heightened risk of severe caffeine toxicity, vomiting, seizures, and cardiac dysrhythmias.3
High levels of caffeine and taurine work together to increase heart rate and blood pressure, and can cause endothelial dysfunction and increased platelet aggregation.4,5 Furthermore, heavy consumption of energy drinks has been linked to serious cardiac issues, such as QT prolongation, cardiac arrhythmias, and coronary artery spasms.5 Finally, high amounts of refined sugar can contribute to insulin resistance, tooth erosion, obesity, and an increased risk of type 2 diabetes.1,2
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References:
1. Alsunni, Abdulaziz A. “Energy Drink Consumption: Beneficial and Adverse Health Effects.” International Journal of Health Sciences 9, no. 4 (2015): 468–74.
https://pmc.ncbi.nlm.nih.gov/articles/PMC4682602/.
2. Chandio, Z. A., A. Sidiqua, M. I. Khaskheli, A. Waghani, and W. A. Metlo. “Review Effect of Caffeine Overdose.” RADS Journal of Biological Research & Applied Sciences 11, no. 2 (2020): 140–44.
https://www.researchgate.net/publication/349000501_Review_Effect_of_Caffeine_Overdose.
3. Seifert, Steven M., Judith L. Schaechter, Elizabeth R. Hershorin, and Steven E. Lipshultz. “Health Effects of Energy Drinks on Children, Adolescents, and Young Adults.” Pediatrics 127, no. 3 (2011): 511–28.
https://pubmed.ncbi.nlm.nih.gov/21321035/.
4. Higgins, John P., Troy D. Tuttle, and Christopher L. Higgins. “Energy Beverages: Content and Safety.” Mayo Clinic Proceedings 85, no. 11 (2010): 1033–41.
https://pubmed.ncbi.nlm.nih.gov/21037046/.
5. Wassef, Bassem, Mahsa Kohansieh, and Anthony N. Makaryus. “Effects of Energy Drinks on the Cardiovascular System.” World Journal of Cardiology 9, no. 11 (2017): 796–806.
https://pmc.ncbi.nlm.nih.gov/articles/PMC5714807/.
6. Food Safety and Standards Authority of India (FSSAI). “Clarification Regarding Categorization of ‘Health Drinks / Energy Drinks’ on E-Commerce Website.” Advisory, March 28, 2024.
7. Food Safety and Standards Authority of India (FSSAI). Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, Regulation 2.10.6(2): Caffeinated Beverage.
8. Department of Health and Social Care. “Children’s Health Further Protected with Energy Drinks Ban.” GOV.UK, July 16, 2026.
https://www.gov.uk/government/news/childrens-health-further-protected-with-energy-drinks-ban.
9. Gupta, Piyush, et al. “Indian Academy of Pediatrics Guidelines on the Fast and Junk Foods, Sugar Sweetened Beverages, Fruit Juices, and Energy Drinks.” Indian Pediatrics 56 (2019): 849–863.
https://www.indianpediatrics.net/oct2019/oct-849-863.htm.
(Rh/APC/MSM)