Delhi High Court clarifies ORS ruling, says order not a licence to continue manufacturing misleading beverages

The Delhi High Court on Tuesday clarified that its earlier order regarding the manufacture of beverages using the term ‘ORS’ (oral rehydration solution) should not be construed as permission for companies to continue producing such products in a misleading manner.

On 17 October, the Court had protected JNTL Consumer Health India — the Indian subsidiary of American firm Kenvue — from the Food Safety and Standards Authority of India’s (FSSAI) directive prohibiting beverages from using the term ‘ORS’. The order was widely circulated on social media, with claims that food business operators (FBOs) had effectively been allowed to keep manufacturing ORS-labelled beverages.

However, Justice Sachin Datta clarified that the order was never intended to enable continued production of such products “with a view to deceiving consumers”.

“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,” Justice Datta remarked. “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 idea was that the FSSAI would do the needful in two to three days.”

The Court noted that the consent order was aimed at giving the regulator time to evaluate JNTL’s representation, which argued that it used ‘ORS’ as part of its registered trademark for beverages.

During the hearing, counsel for the FSSAI informed the Court that the Authority would reach a decision by Friday. Justice Datta cautioned, “If you [FSSAI] are unable to do it, you move an application. I contemplate passing orders to restrain the manufacturers from manufacturing.”

The bench was also hearing a separate petition filed by Dr Reddy’s Laboratories, challenging FSSAI’s orders dated 14 and 15 October that withdrew approvals permitting the use of ‘ORS’—even with prefixes or suffixes—in trademarks for electrolyte and beverage products.

According to the FSSAI, the use of ‘ORS’ in product names that do not meet the World Health Organisation’s (WHO) prescribed formulation is misleading and violates the Food Safety and Standards Act, 2006. ORS formulations, as defined by the WHO, are medical preparations meant to treat dehydration, not commercial beverages.

Dr Reddy’s counsel argued that its product, Rebalanz VITORS, carries all disclaimers required by the WHO and relevant authorities.

The Court has scheduled the next hearing in the matter for 31 October.