The Delhi High Court has dismissed a plea challenging the FSSAI’s decision to ban the use of “ORS” labeling on non-medical beverages, upholding the regulator’s move to protect public health and prevent misleading branding.
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NEW DELHI: The Delhi High Court has dismissed a petition challenging the Food Safety and Standards Authority of India (FSSAI)’s decision to ban the use of “ORS” (Oral Rehydration Salts) labeling on fruit-based, non-carbonated, and ready-to-drink beverages that do not conform to the standard medical formulation prescribed for Oral Rehydration Solutions.
Justice Sachin Datta, in a detailed order passed on October 31, 2025, upheld the FSSAI’s October 14 and 15 directives, calling them “regulatory measures impelled by serious public health considerations.”
Court’s Observation
The High Court emphasized that the FSSAI’s actions were justified as they were aimed at preventing potential public health risks associated with misleading food labels.
“This court is not inclined to interdict with the impugned orders, 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,”
the judgment stated.
Justice Datta further observed that it was not appropriate for the court to sit in appeal over measures taken by the FSSAI in the interest of public health and consumer protection.
The ruling came in response to a petition filed by Dr. Reddy’s Laboratories Ltd, which challenged the FSSAI directive restricting the use of the term “ORS” for its oral rehydration solution brand Rebalanz VITORS.
During the hearing, counsel for Dr. Reddy’s informed the court that the company had stopped manufacturing new batches of the contested products and was willing to rebrand or relabel its existing stock. The company also sought permission to sell existing inventory already in the market to avoid financial losses.
However, the court declined to pass such directions, instead allowing Dr. Reddy’s to submit a representation to the FSSAI, which must be considered within one week of receipt.
Earlier in the Court
On October 14, 2025, the FSSAI withdrew all previous permissions allowing food and beverage companies to use the term “ORS” in product names or marketing unless they met the WHO-recommended medical formulation for Oral Rehydration Solutions.
According to the FSSAI, the use of “ORS” by sweetened or electrolyte drinks was misleading consumers, especially children and individuals seeking medical-grade rehydration products. The regulator deemed such branding a violation of the Food Safety and Standards Act, 2006.
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.
The abbreviation “ORS” stands for Oral Rehydration Solution, a scientifically balanced formulation recommended by the World Health Organization (WHO) for treating dehydration caused by diarrhea, vomiting, or heat-related illnesses.
Case Title:
Dr Reddy’s Laboratories Limited v. Union of India & Anr.
