Indian state charges Red Bull over caffeine content; court battle looms

By Ankush Chibber, 02-Apr-2012


Austrian energy drink leader Red Bull Gmbh has run into rough weather in India with a state level food regulator, which claims to have confiscated 1.6 million cans of the drink over caffeine content.

Maharashtra Food and Drug Administration on Red Bull caffeine levels: "We are preparing for legal battle.”

A spokesperson of the Maharashtra Food and Drug Administration (MFDA), said it had seized the product because caffeine content in the energy drink was between 250ppm (parts per million) and 300ppm.

According to the laws framed by the Food Safety and Standards Authority of India (FSSAI), the maximum permissible caffeine content in carbonated beverages is 145ppm, but it also exempts energy drinks as they are classed as food items, not carbonated beverages.

As per court documents accessed by FoodNavigator-Asia, the Madras High Court previously ruled that as the FSSAI has not formulated new standards for energy drinks, Red Bull, which is a proprietary food, did not need to conform to the standards for carbonated drinks.

Local regulators acting 'rogue'

“Unfortunately for Red Bull, the local regulators are not heeding to the line of the court or following the hierarchical order. The ball is in the FSSAI’s court now. Once it issues standards, energy drink makers would have a line to toe,” an industry observer said.

He said he expects Red Bull to take on the MFDA legally, citing the Madras High Court Order, that in its interpretation forbids regulators treating energy drinks as carbonated drinks.

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