Delhi HC upholds FSSAI ban on sale of beverages with ‘ORS’ branding

The Delhi High Court has rejected a plea challenging the Food Safety and Standards Authority of India’s (FSSAI) decision to ban the use of the word ‘ORS’ (Oral Rehydration Solution) in the naming of any fruit-based, non-carbonated, or ready-to-drink beverages.

The court said the measures taken by the FSSAI were impelled by “serious public health considerations” and were regulatory in nature, applicable across the food industry.

Justice Sachin Datta passed the order on October 31, dismissing a petition by Dr. Reddy’s Laboratories Ltd., which had challenged the FSSAI’s directive restricting the use of the label ‘ORS’ for its oral rehydration solution brand Rebalanz VITORS.

On October 14, the FSSAI issued an order withdrawing all prior permissions for food-and-beverage companies to use the term ‘ORS’ in product names or branding unless they met the standard medical formulation.

The following day, on October 15, the FSSAI issued further clarification stating that the previous practice of brands using ‘ORS’ on food labels as part of a trademark— whether with a prefix or suffix — was “misleading to customers by way of false, deceptive, ambiguous, and erroneous name/label declarations”.

The High Court said it was “not inclined” to interfere with the FSSAI’s decision, “particularly in light of the deleterious effect and adverse health outcomes in the event of consumption of the offending products by those who are in medical need of an ORS formulation”.

During the proceedings, the counsel for the pharma company informed that it had ceased manufacturing fresh stocks of its products. It also stated that the company was willing to re-label or re-brand its existing inventory or stock of the food products concerned and that the stock which was already in the supply chain be allowed to be sold to prevent irreparable and huge loss.

The court, however, said it was not inclined to pass any direction in this regard except to direct the regulatory body to consider this aspect of the matter on a representation being made by the petitioner.