Delhi High Court upholds FSSAI ban on ‘ORS’ labels for non-medical drinks

The Delhi High Court has dismissed a plea challenging the Food Safety and Standards Authority of India’s (FSSAI) decision to prohibit the use of Oral Rehydration Salts (ORS) labelling on fruit-based, non-carbonated, and ready-to-drink beverages.

As per a report by PTI, Justice Sachin Datta, in an order delivered on 31 October, ruled that the FSSAI’s directive was driven by public health considerations and formed part of broader regulatory measures applicable across the food industry. The court stated it was not inclined to interfere with the regulator’s orders dated 14 and 15 October, which withdrew permission for food and beverage manufacturers to use the “ORS” label unless the product adhered to the standard medical formulation.

“The court is not inclined to interdict the impugned orders, particularly in light of the deleterious effect and adverse health outcomes that could result from the consumption of such products by individuals in medical need of a genuine ORS formulation,” Justice Datta observed. He added that it was inappropriate for the court to act as an appellate authority over a measure introduced on public health grounds.

The petition, filed by Dr Reddy’s Laboratories Ltd, sought to overturn the FSSAI directive that restricted the use of the ‘ORS’ label for its oral rehydration solution product Rebalanz VITORS.

During the proceedings, counsel for the company informed the court that production of fresh stocks had been discontinued and that the company was prepared to re-label or rebrand existing inventory. The petitioner also requested permission to sell products already in the supply chain to avoid heavy financial losses.

The court, however, declined to issue such directions, instead allowing the company to submit a representation to the FSSAI, which the regulator must consider and respond to within one week, providing a reasoned order after hearing the petitioner.

The FSSAI’s 14 October order withdrew all prior approvals allowing food and beverage companies to use the term “ORS” in branding or product names unless they met the World Health Organization (WHO)-recommended formulation for Oral Rehydration Solutions.

The regulator stated that the use of “ORS” branding on sugary or electrolyte drinks was misleading to consumers — especially children — and violated the Food Safety and Standards Act, 2006.

Counsel representing the FSSAI opposed Dr Reddy’s request to sell existing stock marked Rebalanz VITORS, arguing that doing so would contravene the regulator’s directive and risk consumer confusion.