Delhi High Court bars J&J subsidiary from selling ORSL stock

The Delhi High Court on Thursday declined to grant interim relief to JNTL Consumer Health (India) Pvt. Ltd., a subsidiary of Johnson & Johnson, which had sought permission to clear its existing stock of ORSL-labelled beverages despite regulatory restrictions.

A Division Bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela observed that since the case involved misbranding, the Court could not permit the continued sale of the product, stressing that the matter related to serious public health implications.

The company had approached the Court seeking a stay on three orders issued by the Food Safety and Standards Authority of India (FSSAI) on October 14, 15, and 30, which prohibited the use of the term ‘ORS’ in the name of any food or beverage unless the formulation met the World Health Organization’s prescribed composition for oral rehydration solutions, as per Law Beat.

During the hearing, the Bench stated that allowing such products to remain in circulation would not be appropriate given the public health concerns involved, directing that the stock be recalled. The judges noted that in rural areas, consumers frequently depend on oral rehydration solutions to treat diarrhoea in children, and misleading branding could endanger lives by causing confusion between genuine ORS formulations and non-compliant beverages.

Senior Advocate Mukul Rohatgi, appearing for JNTL, informed the Court that the company had already stopped manufacturing ORSL but nearly half of the existing stock—valued at around ₹100 crore—remained in the market. He argued that the product was not adulterated and that recalling it would cause significant hardship, adding that the company had been selling the drink for nearly two decades and that the ‘ORSL’ mark was a registered trademark under the Controller General of Patents, Designs and Trademarks (CGPDTM).

Additional Solicitor General Chetan Sharma, representing the Union of India, opposed the plea, stating that the issue was one of grave public health concern. He also informed the Court that the company had previously challenged the same FSSAI directives in another proceeding, rendering the current petition non-maintainable.

After hearing the submissions, the Court refused to allow JNTL to sell or distribute the remaining stock of ORSL beverages, reiterating that the restrictions were necessary to prevent consumer confusion and safeguard health.

Earlier, a single judge of the High Court had similarly dismissed a petition by Dr. Reddy’s Laboratories Ltd., which had contested the FSSAI directive restricting the use of the term ‘ORS’ for its product Rebalanz Vitors.

The Bench has listed the matter for further hearing on 9 December.