Court Decision on ORS Labeling
New Delhi: The Delhi High Court has rejected a petition that contested the Food Safety and Standards Authority of India's (FSSAI) ruling prohibiting the use of Oral Rehydration Salts (ORS) labeling on fruit-based, non-carbonated, or ready-to-drink beverages.
The court emphasized that the FSSAI's actions are driven by significant public health concerns and are regulatory measures that apply throughout the food sector.
Justice Sachin Datta, in a ruling issued on October 31, declined to intervene in the FSSAI's orders from October 14 and 15, which revoked permissions for food and beverage companies to label their products as ORS unless they adhered to the standard medical formulation.
The court stated that it is not inclined to challenge the FSSAI's orders, especially considering the potential harmful effects and negative health outcomes for individuals who genuinely require an ORS formulation.
Furthermore, the court found it inappropriate to question the FSSAI's public health measures.
The petition was filed by Dr. Reddy's Laboratories Ltd, which sought to contest the FSSAI's directive limiting the use of the 'ORS' label for its oral rehydration solution brand, Rebalanz VITORS.
During the hearing, the company's counsel indicated that they had stopped producing new stocks of the product.
The company also expressed a willingness to re-label or re-brand its existing inventory and requested permission to sell the stock already in circulation to avoid significant financial losses.
However, the court refrained from issuing any directives regarding this matter, instead instructing the FSSAI to consider the company's representation if submitted.
Consequently, the petition was dismissed, but the court allowed the company to make a representation to the FSSAI, which must be addressed with a reasoned order within a week.
On October 14, the FSSAI had issued an order retracting all previous permissions for food and beverage companies to use the term 'ORS' in their branding unless they complied with the standard medical formulation.
The food safety authority deemed the use of 'ORS' in branding by sugary or electrolyte drinks misleading, particularly for children, and in violation of the Food Safety and Standards Act of 2006.
ORS stands for Oral Rehydration Solution formulations recommended by the WHO for individuals suffering from dehydration.
The FSSAI's counsel opposed the company's request to sell the existing stock under the Rebalanz VITORS label.
