Delhi High Court upholds FSSAI ban on ‘ORS’ label for fruit-based, ready-to-drink beverages 

INDIA – The Delhi High Court has rejected a plea challenging the Food Safety and Standards Authority of India’s (FSSAI) decision to prohibit the use of the term “ORS” on fruit-based, non-carbonated or ready-to-drink beverages that do not conform to prescribed medical standards.  

The order reinforces the regulator’s stance on safeguarding public health and ensuring that consumers are not misled by commercial labelling. 

In a judgment delivered on October 31, Justice Sachin Datta refused to interfere with the FSSAI directives issued on October 14 and 15, which withdrew all approvals allowing food and beverage manufacturers to market products using the term “ORS” unless they met the official oral rehydration salts formulation.  

The court observed that the regulator’s action was driven by “serious public health considerations” and pertained to regulatory frameworks applicable across the industry. 

The order stressed that allowing non-compliant beverages to use “ORS” branding could cause “deleterious effect and adverse health outcomes,” particularly for consumers who rely on medically-certified rehydration solutions during illness.  

The court noted it was not appropriate to act as an appellate body against a public-health-based regulatory decision. 

The petition, filed by Dr. Reddy’s Laboratories Ltd, contested FSSAI’s directive restricting use of the “ORS” label for its oral rehydration product Rebalanz VITORS. 

During the hearing, counsel for the pharmaceutical company informed the court that the company had halted manufacturing new batches and expressed willingness to re-label or re-brand existing inventory. It also sought permission to sell stock already in the supply chain to avoid significant losses. 

Although the court declined to grant relief regarding existing inventory, it directed FSSAI to consider any representation from the petitioner on the matter.  

The regulator is required to respond with a reasoned decision within one week of receiving such a request, following an opportunity for the company to be heard. 

FSSAI’s October order revoked past approvals permitting food and beverage firms to use the “ORS” label for drinks that did not meet the World Health Organization-recommended formula.  

The authority argued that products marketed as “ORS” but containing high sugar levels or inadequate electrolyte balance misled consumers, particularly children, and breached the Food Safety and Standards Act, 2006. 

The ruling underscores continued regulatory scrutiny of health-related claims in India’s beverage market, in line with efforts to prevent consumer deception and ensure compliance with medical standards. 

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