Delhi High Court Stays FSSAI Notice Against FDC's Enerzal For 8 Months Over 'Electrolyte' Label

On 25 August, the Delhi High Court stayed a notice of the Food Safety and Standards Authority of India (FSSAI) directing FDC Limited to stop using the terms “electrolyte” and “electrolyte drink” on its Enerzal products for eight months, after noting that the company had not been issued an improvement notice under Section 32 of the Food Safety and Standards Act, 2006 (FSS Act).

Section 32 requires a prior improvement notice giving a food business an opportunity to rectify violations.

Justice Swarana Kanta Sharma allowed FDC to exhaust its existing Enerzal stock within eight months while requiring it to make the necessary changes to its labels. She held:

"...since the improvement notice had not been given to the petitioner, the operation of the impugned notice is stayed for a period of eight months. However, as per the statement made by the learned senior counsel for the petitioner, the petitioner shall exhaust all its existing stock within a period of eight months and shall make the required changes in its label."

FDC, incorporated in 1940, manufactures and markets Enerzal as a hydration and electrolyte drink. It has held an FSSAI licence since 28 January 2017, most recently renewed on 28 January 2026. The company said the “Energy and Electrolyte Drink” descriptor had appeared on Enerzal's front label since 2018 and had been scrutinised during successive licence renewals.

On 26 May 2026, FSSAI issued a notice directing FDC to stop using “electrolyte” or similar descriptors. Following the notice, Food Safety Officers conducted seizures at FDC's premises in Karodi and Waluj on 2 June, at Sonegaon MIDC, Nagpur on 3 June and at a stockist in Chhatrapati Sambhajinagar on 17 June. The seizures involved Enerzal stock worth approximately Rs. 1.12 crore.

FDC argued that it had not been issued a Section 32 improvement notice or been given an opportunity to explain its position or modify its labels. It sought eight months to exhaust its existing stock and make the required changes.

FSSAI contended that the notice followed a regulatory consultation and was issued under Section 18(1)(a) of the FSS Act to protect consumers. It argued that Enerzal fell under Food Category 14.1.4.2 and that the Scientific Panel had found the disputed descriptors impermissible.

The Bench noted that the respondents did not dispute that no Section 32 improvement notice had been issued. Without examining the merits of the dispute, it granted limited interim protection to FDC.

Accordingly, the High Court stayed the operation of the impugned notice for eight months and directed FDC to exhaust its existing stock during this period and make the required changes to its labels.

The matter is next listed for hearings on 10 December 2026.

For Petitioner: Sanjay Jain and Priya Kumar, Senior Advocates with Vanshika Singh, Prithvi Singh, Rohan Seth, Nishank Tripathi, Harshita Sukhija, Rishika Agrawal and Shreyan Advocates

For Respondents: Raktim Gogoi, CGSC alongwith Akshita Nigam and Kaushlendra Dutt Pandey, Advocates for R-1, Amit Meharia, Tannishtha Singh and Shashwat Roy, Advocates for R-2