The Delhi High Court has dismissed a plea by Dr. Reddy’s Laboratories Ltd challenging the Food Safety and Standards Authority of India’s (FSSAI) decision to prohibit the use of the term “ORS” on labels of fruit-based, non-carbonated, or ready-to-drink beverages.
Justice Sachin Datta, in his order dated October 31, upheld the regulator’s October 14 and 15 directives, observing that they were issued in the interest of public health. “The measures taken by the FSSAI are impelled by serious public health considerations and are regulatory measures applicable across the food industry,” the court said.
The judge emphasized that the court was “not inclined to interdict” with the impugned orders, particularly given the “deleterious effect and adverse health outcomes” that could result if products falsely labelled as ORS were consumed by individuals in medical need of the genuine formulation.
Justice Datta noted that the FSSAI’s decision was grounded in legitimate health and regulatory concerns and that the judiciary should not act as an appellate authority over such expert policy measures. “This court does not find it apposite to sit in appeal over a measure taken by the FSSAI on public health considerations,” he said.
Dr. Reddy’s Laboratories, which markets a beverage called Rebalanz VITORS, had challenged the FSSAI’s directive restricting the use of the “ORS” label for non-medical beverages. During the hearing, counsel for the pharmaceutical company informed the court that it had already ceased manufacturing fresh stocks and was willing to rebrand or relabel existing inventory. The company also sought permission to sell products already in the supply chain to prevent financial losses.
The court, however, declined to issue directions allowing such sales, instead granting the company liberty to make a representation before the FSSAI. “Such a representation shall be duly considered and disposed of by FSSAI by way of a reasoned order, after affording an opportunity of hearing to the petitioner, within a period of one week,” the order stated.
Background
The FSSAI’s October 14 directive withdrew all previous permissions for using “ORS” in any product name or branding unless the product met the standard WHO-recommended Oral Rehydration Solution formulation. The regulator noted that certain sugary or electrolyte beverages were misleadingly marketed as ORS, which could endanger public health, particularly among children.
The court’s decision effectively endorses the FSSAI’s stand that “ORS” — short for Oral Rehydration Solution — is a medically recognized formulation meant for treating dehydration and should not be used for commercial branding of non-medical beverages.
