The Delhi High Court has recently refused to allow JNTL Consumer Health India Pvt Ltd to sell its remaining stock of beverages labeled as “ORSL.” The Food Safety and Standards Authority of India (FSSAI) earlier banned companies from using the term ORS (Oral Rehydration Salts) unless the product meets the official medical standards.
Court Calls It a Matter of Public Health
A bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela rejected the company’s request to sell the leftover stock. The judges stated that the issue was not just about labelling but also about public health and consumer safety. The court stated, “We are unable to permit this request. The matter concerns public health, and therefore, the stock must be recalled.”
Why Using “ORS” Label Is a Problem
The judges explained that many people, especially in rural areas, believe ORS is a life-saving therapy used during diarrhea and dehydration. Using the same term on electrolyte drinks that do not match medical ORS standards can confuse or mislead consumers. The court noted that while the drink may not harm a healthy consumer, it could be dangerous if someone uses it thinking it has the same medical effectiveness as WHO-approved ORS.
The company argued that it had been selling ORSL for more than two decades with valid licensing and trademark approvals. Lawyers representing the firm requested permission to sell only the remaining stock, saying the product never claimed to be a medical ORS. However, the court did not agree and instead issued notices to the Central Government and FSSAI to respond to the broader petition. The case will be heard again on December 9. Lawyers representing the government and FSSAI strongly opposed the company’s request, stating that mislabeling products as ORS can put the public at serious risk.
Background: FSSAI’s Nationwide Ban
FSSAI had issued orders on October 14 and 15 instructing all food and beverage companies to stop using the ORS label unless their products follow the World Health Organization (WHO) recommended formulation. This led to the recall of multiple beverage brands across India. The regulator explained that such labelling could easily mislead children, parents and people in rural areas who rely on ORS as a trusted medical product.
Similar Cases in Court
Earlier, another company Dr. Reddy’s Laboratories also challenged the same order for its drink Rebalanz VITORS. A single judge dismissed their request as well, stating that FSSAI’s decision was necessary for public health protection.
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