Why Delhi High Court refused to interfere with FSSAI banning ORS labels

Representative image (Courtesy: AI)

The Delhi High Court on Friday refused to interfere with the directive of Food Safety and Standards Authority of India (FSSAI) withdrawing permissions for food-and-beverage companies to use 'ORS' labels.

The court indicated that it will not interfere FSSAI directive disallowing the companies to use the word "ORS" in their labelling. The court said that it cannot do so unless the companies meet the standard medical formulation.

Justice Sachin Datta said if the company, Dr Reddy's Laboratories Ltd, wants to "re-sticker" its existing products, it can do so and there is no objection on the part of FSSAI.

The court stated that it will pass a detailed order in this regard.

Public health hazard cannot be allowed to continue as health of the citizens is paramount, it said.

"It is a health hazard... What I propose to do is this -- This embargo will continue. I am not disturbing this embargo given the public health considerations. You want to re-sticker your existing product, certainly you can do so and there is no objection on the part of FSSAI," the judge said.

The court was hearing a petition by Dr Reddy's Laboratories Ltd challenging FSSAI's directive restricting use of the label 'ORS' for its oral rehydration solution brand Rebalanz VITORS.

"As far as existing stock is concerned, I will give you liberty to represent to them (FSSAI) and point out difficulties and see if any via media can be reached. I am not enforcing any via media which will compromise public health consideration, that is for FSSAI to consider," it added.

The company, which has submitted that it has ceased manufacturing fresh stocks of its product (Relalanz Vitors), was seeking an order to enable it to dispose of the already manufactured stock.

During the hearing, the counsel for the pharma company said they were ready to re-sticker the existing stock which was in their possession.

"If I am able to get back the stock from the stockists, I will re-sticker that also," the company's counsel said.

On October 14, 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 food safety regulator deemed use of 'ORS' in branding by sugary or electrolyte drinks as misleading to consumers, particularly children, and in violation of the Food Safety and Standards Act, 2006.

ORS is an abbreviation for Oral Rehydration Solution formulations recommended by the WHO and is given to people suffering from dehydration.

The counsel for FSSAI opposed the company's request that it be allowed to sell the stock, which is already in the market, with the Rebalanz VITORS mark.

During the hearing, the court also said it will fix timelines for FSSAI to consider and decide Dr Reddy's plea.

"Public health considerations are paramount. We can't pass any orders against it," it said.