FSSAI orders nationwide removal of beverages illegally using ‘ORS’ in branding 

INDIA – The Food Safety and Standards Authority of India (FSSAI) has directed all states and union territories to remove fruit-based beverages, ready-to-serve drinks, electrolyte drinks and energy drinks sold under brand names containing the term “ORS”. 

The regulator’s latest order follows its earlier directive in October instructing food business operators to immediately cease the use of “ORS” on labels and advertisements, describing the practice as misleading. 

In a letter issued on November 19, FSSAI said products bearing “ORS” or similar terms continue to be available in retail outlets and on e-commerce platforms despite previous instructions.  

Food commissioners have been told to ensure the immediate removal of such products and take action against companies violating the Food Safety and Standards Act, 2006. 

FSSAI emphasised that “ORS” refers exclusively to a medically defined oral rehydration solution formulation and therefore cannot be used, even with prefixes or suffixes, for any food or beverage.  

The regulator reiterated that using the term on non-medical products may mislead consumers regarding the health benefits and intended use of the items. 

To enforce compliance, FSSAI has instructed state officials to conduct urgent inspections across online and offline marketplaces to identify products using the term “ORS” in violation of the directive.  

Upon detection, the items must be removed from sale, and complete action-taken reports—detailing inspections, violations, and removal status—must be submitted to the authority. 

The regulator also clarified that these enforcement efforts should not interfere with the storage, distribution or sale of WHO-recommended ORS drug formulations, which remain unaffected.  

As part of the latest directive, FSSAI has withdrawn earlier relaxations issued in July 2022 and February 2024 that permitted the use of “ORS” on food products provided a disclaimer was displayed. 

The regulatory push aligns with recent judicial observations. On October 31, the Delhi High Court declined to stay FSSAI’s prohibition on the use of “ORS” on beverages, noting the public health risks associated with counterfeit or misleading ORS-labelled products.  

The Bench stated that consumer safety must outweigh commercial concerns and indicated that a detailed judgment would follow.  

The matter arose from a petition filed by Dr. Reddy’s Laboratories challenging the authority’s notification restricting the manufacture and sale of beverages using the term in brand names or trademarks. 

FSSAI’s renewed enforcement initiative aims to eliminate consumer confusion, protect public health and ensure strict adherence to food safety regulations across the country. 

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