The Delhi high court has temporarily halted the FSSAI’s directive concerning the Campa Energy Drink
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.
The company challenged both the original FSSAI order and the subsequent communication before the Delhi high court.
FSSAI had issued its June 30 direction to manufacturers concerning the description used for certain high-caffeine beverages.
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. The court observed that it was “never too late” for the authority to correct the issue, according to the submissions recorded during the proceedings. 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. 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.