FSSAI withdraws all orders regulating use of ‘ORS’ in brand names

In a major regulatory reversal, the Food Safety and Standards Authority of India (FSSAI) has withdrawn all previous orders that governed the use of the term “ORS” (Oral Rehydration Salts) along with brand names on food and beverage products.

The order, issued on October 14, 2025, nullifies earlier directives from July 2022 and February 2024, which had imposed strict conditions on how the term could be used by Food Business Operators (FBOs).

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The latest directive, signed by Sweety Behera of FSSAI’s Regulatory Compliance Division, states that “the aforementioned orders and any other order previously issued in this regard stand withdrawn with immediate effect.” The withdrawal has been approved by the competent authority, effectively removing all regulatory restrictions related to branding products with the term “ORS.”

Background of the Regulation

The controversy dates back to April 2022, when FSSAI first issued directions to curb misleading advertisements and marketing of products as “ORS substitutes.” The move was aimed at ensuring that consumers were not misled into believing that flavored drinks or electrolyte beverages were medically equivalent to the WHO-recommended Oral Rehydration Solution (ORS) used for treating dehydration.

Following representations from affected food companies and a Delhi High Court case (Rupa Singh vs. Government of India & Others, W.P. (C) No. 9051/2021*), the regulator softened its stance in July 2022, allowing FBOs with valid trademarks containing the term “ORS” to continue manufacturing such products until a decision was received from the Controller General of Patents, Designs and Trademarks (CGPDTM).

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FSSAI had made it clear that the CGPDTM’s decision would be binding, and that FBOs without valid trademarks would have to discontinue such branding. Additionally, companies were instructed to include a prominent front-of-pack disclaimer stating: “The product is NOT an ORS formula as recommended by WHO.”

Clarifications and Conditions in 2024

In February 2024, FSSAI further clarified that companies could continue using the word “ORS” with prefixes or suffixes, provided they complied with Section 17 of the Trade Marks Act, 1999, which governs the use of composite trademarks.

The order reiterated mandatory compliance with the Food Safety and Standards (Advertising and Claims) Regulations, 2018, requiring companies to prominently declare that their use of “ORS” was only a brand or fancy name, and did not reflect the actual nature of the product.

To avoid consumer confusion, the regulator had specified detailed font size requirements for these disclaimers, scaling them according to the size of the product’s principal display panel. These directions were to take effect from April 1, 2024.

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With the latest decision, FSSAI has effectively lifted all such regulatory conditions, leaving the use of “ORS” in brand names to be governed solely by the Trade Marks Act and general labeling regulations against misleading claims.

This means that food and beverage brands can now freely use “ORS” as part of their product names—such as “Electro-ORS,” “Glucose-ORS,” or similar formulations—without being bound by previous FSSAI disclaimers or design restrictions.

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