Kumar Bahukhandi
Delhi High Court.
The high court said the measures taken by the FSSAI are impelled by “serious public health considerations” and are regulatory measures applicable across the food industry
New Delhi: The Delhi High Court has dismissed a plea challenging the decision of the Foods Safety and Standards Authority of India (FSSAI) to ban Oral Rehydration Salts (ORS) labelling on any fruit-based, non-carbonated or ready-to-drink beverages. The high court said the measures taken by the FSSAI are impelled by “serious public health considerations” and are regulatory measures applicable across the food industry.
Justice Sachin Datta, in an order passed on October 31, refused to interfere with the FSSAI’s October 14 and 15 orders by which it has withdrawn permissions for food-and-beverage companies to use the word “ORS” in their labelling unless they met the standard medical formulation.
“In the circumstances, this court is not inclined to interdict with the impugned orders, in light of the aforesaid order dated October 30, 2025 passed by the FSSAI. This is particularly in light of the deleterious effect and adverse health outcomes in the event of consumption of the offending products by those who are in medical need of an ORS formulation,” the high court said.
It added that the court does not find it apposite to sit in appeal over a measure taken by the FSSAI on public health considerations.
The court dismissed a petition by Dr Reddy’s Laboratories Ltd challenging the FSSAI’s directive restricting use of the label ‘ORS’ for its oral rehydration solution brand Rebalanz VITORS.
During the proceedings, the counsel for the pharma company made a statement that the petitioner has ceased manufacturing fresh stocks of its products.
It was also stated that the company was willing to re-label or re-brand its existing inventory or stock of the food products concerned and that the stock which was already in the supply chain be allowed to be sold to prevent irreparable and huge loss to the petitioner.
The court, however, said it was not inclined to pass any directions in this regard in these proceedings except to direct the regulatory body (FSSAI) to consider this aspect of the matter on a representation being made by the petitioner.
“Accordingly, the present petition is dismissed, while granting liberty to make such a representation to the FSSAI, which shall be duly considered and disposed of by FSSAI by way of a reasoned order, after affording an opportunity of hearing to the petitioner, within a period of one week of receipt thereof,” it said.
On October 14, the 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.
( Source : PTI )
