Delhi High Court clarifies order related to ORS lables not intended to let companies manufacture fresh batches: Report

Representative image (Courtesy: AI)

The Delhi High Court on Tuesday issued a clarification concerning its earlier order related to the manufacturing of beverages bearing the ‘ORS’ label, according to a report by Bar and Bench. The Court emphasised that the order was never intended to permit companies to continue producing products with the term ‘ORS’ in a misleading way, the report said.

Justice Sachin Datta has been quoted to say, “I would have restrained the manufacturers from manufacturing fresh batches had I known that the FSSAI would take two weeks to take a decision. The consent order was passed to enable the FSSAI to take the requisite steps. It wasn’t to allow all these manufacturers to continue manufacturing these products. The idea was that the FSSAI would do the needful in two to three days.”

This clarification follows social media claims suggesting that the Court had allowed food business operators to continue manufacturing beverages styled as ‘ORS’. The Judge firmly said that such an interpretation was incorrect and that the consent order was aimed at giving the Food Safety and Standards Authority of India (FSSAI) time to consider JNTL Consumer Health India’s representation.

Earlier, on October 17, the Court had granted protection to JNTL Consumer Health India -- a subsidiary of Kenvue -- against the FSSAI’s decision prohibiting the use of the term ‘ORS’ on beverages.

According to Bar and Bench, the FSSAI’s counsel informed the Court that a decision on the matter would be made by Friday. Justice Datta added, “If you [FSSAI] are unable to do it, you move an application. I contemplate passing orders to restrain the manufacturers from manufacturing.”

The case was heard alongside a plea from Dr Reddy’s Laboratories, which has challenged the FSSAI’s October 14 and 15 orders. These orders withdrew previous approvals that had allowed companies to use the word ‘ORS’ in their product trademarks, even with prefixes or suffixes.

Dr Reddy’s counsel told the Court that their product, ‘Rebalanz VITORS,’ carries all disclaimers required by the World Health Organisation (WHO) and other regulatory authorities, Bar and Bench reported. The Court, after briefly hearing arguments, posted the matter for further hearing on October 31.

The FSSAI, in its October 14 directive, stated that the use of “ORS” in the name or trademark of any food product, with or without prefixes or suffixes, amounts to a breach of the Food Safety and Standards Act, 2006. The regulator has instructed all food business operators to immediately discontinue the use of the term on packaging and in advertisements, terming such usage misleading.

According to the FSSAI, the term “ORS” refers exclusively to oral rehydration solutions that meet WHO’s formulation standards and are used to treat dehydration. Any other beverage using the label, the authority said, could deceive consumers.

The latest order also rescinded earlier permissions issued in July 2022 and February 2024, which had allowed the term’s use if accompanied by a disclaimer stating that “the product is not an ORS formula as recommended by WHO.” After reassessment, the regulator concluded that even with disclaimers, such labeling remained “false, deceptive, ambiguous and erroneous.”

The FSSAI has further declared that products using the term will now be considered misbranded and misleading, attracting penalties under the Food Safety and Standards Act, 2006. The order directs companies to remove “ORS” from all product names, labels, and advertisements, whether used alone or with a prefix or suffix.

The Authority’s earlier direction dated April 8, 2022, which addressed misleading marketing of ORS substitute products, will, however, continue to remain in force.