The Delhi High Court upheld FSSAI’s ban on misleading “ORS”-labeled beverages, calling them a public health risk. Justice Sachin Datta said the embargo on their sale and manufacture will continue in the interest of public safety.
New Delhi: The Delhi High Court on Friday made it clear that it would not interfere with the Food Safety and Standards Authority of India (FSSAI)’s decision to ban the sale of beverages carrying misleading “ORS” labels.
The FSSAI had earlier issued a notification stating that the use of the term “ORS,” even with any prefixes or suffixes in a product’s trademarked name, is misleading unless the drink follows the World Health Organisation (WHO) formulation for Oral Rehydration Solutions.
According to the FSSAI, such usage violates the Food Safety and Standards Act, 2006.
The term “ORS” refers to Oral Rehydration Solution, a medically approved formula recommended by the WHO, usually given to individuals suffering from dehydration.
During the hearing, Justice Sachin Datta of the Delhi High Court emphasized the importance of protecting public health and stated that the restriction on such products would remain in force.
The judge said,
“It is a health hazard… This embargo will continue. I am not doing away with the embargo, considering the public health concerns.”
The court was hearing a plea by Dr Reddy’s Laboratories challenging two FSSAI orders dated October 14 and 15.
These orders withdrew previous approvals that had permitted the company and others to use the term “ORS” (along with prefixes or suffixes) in their registered trademarks for electrolyte and beverage products.
Dr Reddy’s Laboratories manufactures a product called Rebalanz VITORS. The company’s counsel informed the court that they had already stopped producing new batches of the drink and were willing to rename it.
However, the counsel requested permission to continue selling the existing stock already available in the market under the Rebalanz VITORS label.
Representing the FSSAI, Additional Solicitor General (ASG) Chetan Sharma and Central Government Standing Counsel (CGSC) Ashish Dixit strongly opposed the request.
They pointed out that FSSAI had already passed a detailed order after considering a similar representation made by JNTL Consumer Health India, the Indian subsidiary of the American company Kenvue.
Earlier, on October 17, the Delhi High Court had granted temporary protection to JNTL Consumer Health India against the FSSAI order. However, this decision was wrongly interpreted on social media as permission for all food business operators (FBOs) to continue selling beverages labeled as “ORS.”
The court had only allowed JNTL to approach the FSSAI with its detailed reasons, and the food safety authority was directed to pass a well-reasoned order after reviewing its case.
Later, on October 28, while hearing Dr Reddy’s case, the court clarified that its earlier order did not allow other companies to continue manufacturing or selling such drinks under misleading “ORS” names.
At Friday’s hearing, the Delhi High Court permitted Dr Reddy’s Laboratories to make a formal representation to the FSSAI.
The representation can include their plan to rename the product and their request regarding the sale of the existing batches already distributed in the market. Justice Datta said he would set a timeline for the FSSAI to review and decide on Dr Reddy’s representation.
However, the court clearly stated that it was not passing any order allowing the sale or manufacture of these products.
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Justice Datta emphasized,
“Public health considerations are paramount. We can’t pass any orders against it.”
With this, the Delhi High Court reaffirmed that protecting public health takes priority over commercial interests, and the ban on beverages misleadingly labeled as “ORS” will continue to remain in effect until further notice.
Case Title:
Dr Reddy’s Laboratories Limited v. Union of India & Anr.
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