New Delhi: The Delhi High Court on Friday said it would not interfere with the decision of the Food Safety and Standards Authority of India (FSSAI) prohibiting the use of the term “ORS” on beverages, observing that counterfeit or misleading ORS-labelled products pose a serious risk to public health.
The Bench noted that public health must take precedence over commercial considerations and clarified that a detailed judgment will follow.
The observation was made while hearing a petition filed by Dr. Reddy’s Laboratories, which had challenged the FSSAI’s notification barring the manufacture and sale of drinks bearing the expression “ORS” (Oral Rehydration Solution) in their brand names or trademarks.
The FSSAI had earlier stated that the term “ORS ” can only be used for formulations meeting World Health Organisation (WHO) standards for oral rehydration solutions.
During the hearing, counsel for the petitioner argued that the company was not given prior notice before the directive was issued. It was submitted that the company has already ceased production of the concerned beverage and is willing to relabel the unsold stock to comply with FSSAI’s requirements.
The counsel also urged that existing stock in the market be allowed to be sold, citing logistical and financial difficulties.
However, Additional Solicitor General Chetan Sharma and Central Government Standing Counsel Ashish Dixit, representing FSSAI, strongly objected, maintaining that the prohibition was crucial to protect consumers and prevent misleading product labelling.
After considering the submissions, the court directed the petitioner to approach the FSSAI with a formal representation concerning both the stock in hand and that already distributed, while emphasising that the ban will remain in force due to health safety concerns.
The court made it clear that no permission has been granted for the production or sale of the impugned beverages and reserved its order for a detailed pronouncement.
