The Delhi High Court has temporarily stayed FSSAI’s ban on ORS-branded drinks, allowing JNTL Consumer Health to sell disputed products. Child health experts warn that high-sugar drinks could mislead parents and risk children’s health.
New Delhi: In a significant development in the ongoing regulation of misleading oral-rehydration solution (ORS) drinks, the Delhi High Court has temporarily stayed key orders issued by the Food Safety and Standards Authority of India (FSSAI), effectively pausing the ban on the use of ORS branding for certain beverage products.
This interim relief was granted following a petition by JNTL Consumer Health, a subsidiary of Johnson & Johnson, allowing the company to continue selling its ORS-branded product while managing existing stock in the market.
ALSO READ: Kerala High Court Directs BCI to Approve Seats for Transgender Students in Law Colleges
The stay comes after FSSAI issued an advisory on October 14, banning the use of the term “ORS” on any food or beverage that does not meet the World Health Organization (WHO)-recommended ORS formulation.
While one paediatrician, who has been at the forefront of this campaign, welcomed the court’s decision as a long-overdue win, the same expert also expressed concern over a possible weakening of public health protections. The Delhi High Court’s stay falls directly within this context.
JNTL Consumer Health, in its petition, stated that the estimated value of its stocks was between INR 155-180 crore, showing the large commercial scale affected by FSSAI’s orders.
The Delhi High Court placed a temporary hold on FSSAI’s October 14-15 directives and allowed JNTL a week to submit a detailed representation. Justice Sachin Datta reportedly stressed that FSSAI cannot enforce its directive
“till the company is given adequate opportunity of hearing”.
In its October 14 order, FSSAI had declared that any food or drink product using the term “ORS,” including with prefixes or suffixes like “Smart ORS” or “Hydra ORS,” would be considered misbranded under the Food Safety & Standards Act, 2006.
The regulator also withdrew previous relaxations granted in July 2022 and February 2024, which had allowed the use of ORS in trademarks under certain disclaimers.
FSSAI’s main concern is that such branding misleads consumers into believing that these drinks follow the WHO-approved ORS formula, which is a life-saving therapy for dehydration. Many commercial drinks, however, contain insufficient salts and high sugar levels, which can be harmful, particularly to children.
Child health experts are now alarmed by the Delhi High Court’s interim relief. Paediatricians who had welcomed the ban are worried that public health gains could be undermined.
Dr. Sivaranjani Santosh, a prominent paediatrician from Hyderabad who has campaigned for eight years against fake ORS drinks, reportedly said,
“This is a national shame… It appears FSSAI has permitted disposal of high-sugar ORS-type stock without fully protecting children.”
Diarrhoea continues to be a major health concern in India, accounting for approximately 13% of deaths in children under five years. Genuine ORS is considered a frontline intervention and has the potential to reduce fatalities by over 90% when used correctly.
Health experts warn that using the ORS name for sugar-rich drinks dilutes the impact of this essential life-saving treatment.
FSSAI, meanwhile, clarified that it remains committed to the purpose of its ban. The agency emphasized that the court’s stay is only a procedural outcome and not a reversal of policy.
It stated that action will be taken once JNTL’s representation has been considered and the case comes up for full adjudication.
Industry sources indicate that JNTL’s petition claims the October orders are “arbitrary and unreasonable” because the company had been previously allowed to use ORS under earlier orders and had produced large quantities of the product relying on these clearances.
The Delhi High Court’s stay signals that the judiciary is carefully examining the regulator’s sudden policy change and its implications for trade and liability.
For consumers, the court’s decision has created confusion, leaving parents unsure about how to distinguish genuine, WHO-formulated ORS from sugar-heavy “hydration” drinks.
Retailers and distributors are caught in legal uncertainty, with some continuing sales under court permission while others withdraw stock to avoid potential future liability.
ALSO READ: J&K Court Demands Police Action Report After 34 Pilgrims Die in Vaishno Devi Landslide
Consumer safety experts say this situation highlights the urgent need for transparent product labelling. Products must clearly indicate their electrolyte content and suitability for therapeutic use, avoiding misleading use of the ORS branding.
Until the regulatory matter is fully resolved, parents and caregivers are advised to use only WHO-approved ORS sachets, which contain around 13.5 grams of dextrose per litre and calibrated salts, and to avoid relying on drinks that merely carry the ORS name.
Click Here to Read More Reports On Delhi High Court
