Delhi High Court Temporarily Suspends FSSAI’s Ban on ORS Branding

The Delhi High Court has temporarily stopped the Food Safety and Standards Authority of India (FSSAI) from enforcing its recent ban on the use of the term “ORS” in beverage branding. The court’s decision has revived discussions about public health, misleading marketing practices, and the need for clear regulatory action in India’s food and drink industry.

Justice Sachin Datta, in an interim order issued on October 17, allowed JNTL Consumer Health (India) a subsidiary of Kenvue, which was earlier part of Johnson & Johnson to continue selling its existing stock of ORS-labelled beverages. The company’s petition, filed a day earlier, challenged FSSAI’s October 14 and 15 directives as arbitrary and unreasonable, arguing that they were passed hastily and withdrew earlier approvals without due process. The court directed FSSAI to give the company an opportunity to present its case before implementing the ban. Until then, the authority’s order will remain on hold. JNTL informed the court that its existing stock of such beverages is valued between ₹155 crore and ₹180 crore.

The Reason Behind FSSAI’s Ban

In its October 14 order, FSSAI had declared that no food or beverage product could use the word “ORS” or any similar variant such as “Smart ORS” or “Hydra ORS” unless it met the World Health Organization’s (WHO) prescribed formulation for oral rehydration solutions. According to FSSAI, several commercial drinks were using the term “ORS” even though their composition did not match WHO standards. Many of these beverages contain high sugar levels and insufficient electrolytes, which can mislead consumers into believing they are suitable for treating dehydration. The regulator also revoked earlier relaxations, issued in July 2022 and February 2024, that had allowed limited use of “ORS” under certain conditions.

Health Experts Express Concern

The court’s stay has worried many public health professionals and paediatricians who had supported FSSAI’s strict action. Dr. Sivaranjani Santosh, a Hyderabad based paediatrician who has been campaigning for years against misleading ORS products, called the court’s decision unfortunate. She warned that continuing the sale of sugary ORS type drinks could harm children and undermine public awareness about genuine oral rehydration therapy. Diarrhoea remains one of the leading causes of death among Indian children under the age of five, accounting for nearly 13 percent of such fatalities. Medical experts emphasize that the use of WHO approved ORS, which contains specific amounts of glucose and electrolytes, can prevent most of these deaths. Allowing the market to be flooded with drinks that misuse the ORS label, they argue, weakens these life saving efforts.

FSSAI’s Stand and Industry Reaction

FSSAI has clarified that the stay is only an interim legal measure and not a reversal of its policy. The authority said it remains committed to protecting consumers and will take appropriate steps once JNTL’s representation is reviewed and a final decision is made. Industry representatives, on the other hand, claim that the ban was imposed too abruptly. They argue that companies had produced large quantities of stock based on earlier permissions and that FSSAI’s sudden change in stance has caused financial and operational uncertainty. The High Court’s decision, therefore, reflects the judiciary’s intent to examine whether the regulator’s actions were proportionate and fair.

What It Means for Consumers

The temporary stay has created confusion among consumers and retailers. Some shops continue selling ORS-branded beverages under the protection of the court order, while others have withdrawn them to avoid possible penalties later. For ordinary buyers, it has become difficult to distinguish between medically approved ORS sachets and commercial “hydration” drinks with similar labeling. Health experts recommend that parents and caregivers rely only on WHO approved ORS formulations, which are available in sachet form and clearly list their contents. Until the legal matter is settled, consumers are advised not to depend on flavored or sweetened beverages that simply use the term “ORS” on their packaging.

The Delhi High Court’s decision highlights the delicate balance between public health protection and commercial interests. While the matter now awaits a detailed hearing, it underscores the growing need for transparent labeling and stronger enforcement in India’s functional beverage sector. For now, the stay offers temporary relief to manufacturers but it also raises serious questions about how medical terms can be responsibly used in the marketplace.

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