Delhi High Court division bench seeks reasons from single judge over PepsiCo 'energy drink' curbs

Division Bench Seeks Reasons From Single Judge

A division bench of the Delhi High Court, comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma, on Monday asked the single-judge bench to record specific reasons within a week for an October 6 order that barred PepsiCo India Holdings from manufacturing further batches of its Sting Energy and Adrenaline Rush products under the "energy drink" trade descriptor. The bench said it was not inclined to examine the merits of the matter at the current stage, noting that the appeal against the single-judge order remained pending, and described what was in operation as "an ad-interim relief in the matter" before remanding it for the recording of reasons.

FSSAI Directive And PepsiCo's Challenge

PepsiCo approached the Delhi High Court against a directive from the Food Safety and Standards Authority of India (FSSAI) instructing manufacturers of high-caffeine beverages to stop using the "energy drink" descriptor on their products on the ground that it was a misleading claim. According to the reporting, PepsiCo argued that the single-judge bench, led by Justice Amit Mahajan, had protected the company from coercive action over the FSSAI directive and allowed it to sell existing stock, but had refused permission to manufacture further labeled batches. PepsiCo's senior counsel submitted that similar relief had been granted to another beverage in a separate proceeding, and the company has sought parity with Red Bull India's case, in which the same judge reportedly quashed the FSSAI order.

Interim Status Of Existing Stock And Production

The single-judge order, as described in the proceedings, allowed PepsiCo to continue selling existing inventory of Sting Energy and Adrenaline Rush already carrying the "energy drink" label, while restricting the manufacture of new batches under that descriptor pending the outcome of the challenge. The division bench's decision to remand the matter for recorded reasons means PepsiCo's appeal and any application for confirmation of interim relief remain pending before the single-judge bench even as the broader appellate process moves forward.

Next Verifiable Milestone

The division bench has directed the single-judge bench to file its recorded reasons within a week, after which the division bench will return to PepsiCo's appeal. PepsiCo's separate plea for confirmation of interim relief was identified in the proceedings as still pending before the single-judge bench, making that confirmation hearing the next concrete scheduled step in the litigation.

Related Matters Before The Delhi High Court

The same Delhi High Court sitting on Monday also dealt with a wider slate of pleas, including matters linked to protests at Jantar Mantar, an activist's request to travel abroad, online abuse and a commercial labeling dispute involving PepsiCo, as noted in the daily cause-list coverage. The labeling matter against PepsiCo proceeded as a distinct proceeding from the protest-related petitions heard the same day.