Delhi High Court Upholds FSSAI Ban on ORS-Labeled Fruit Beverages, Citing Public Health Concerns

The ruling came during the hearing of a plea by Dr Reddy’s Laboratories (DRL), which sought permission to sell its ready-to-drink fruit-flavoured beverages under the brand name Rebalanz VITORS.

Fruit-based, non-carbonated, or ready-to-drink beverages cannot be sold labelled as Oral Rehydration Solution (ORS), the Delhi High Court has ruled, upholding the Food Safety and Standards Authority of India (FSSAI) ban. The court emphasised that “public health considerations are paramount.”

Dr Reddy’s Laboratories Plea Rejected

The ruling came during the hearing of a plea by Dr Reddy’s Laboratories (DRL), which sought permission to sell its ready-to-drink fruit-flavoured beverages under the brand name Rebalanz VITORS.

FSSAI, through its orders dated October 14, 15, and 30, had held that using the term ‘ORS’ on such beverages violates the Food Safety and Standards (FSS) Act, 2006, and related regulations. The regulator warned that such branding could mislead consumers, including children, diabetics, and the elderly, into believing these drinks were medically approved for rehydration.

FSSAI Flags Misleading Branding as Health Hazard

Justice Sachin Datta noted that FSSAI had identified ORS-branded fruit beverages as a potential “health hazard.” He stated, “We cannot allow public health risk and allow you to continue in the market.”

While DRL informed the court about its plan to rebrand the product as Rebalanz Vitenergy, the judge clarified that existing stock cannot be sold without FSSAI’s approval. He further advised the company to submit a representation to the regulator regarding its current inventory.

Interim Relief for Johnson & Johnson Subsidiary

Meanwhile, Johnson & Johnson’s subsidiary, JNTL Consumer Health, also approached the Delhi High Court. The court granted an interim stay, directing the company to submit a representation to FSSAI within a week for further consideration.

High Sugar Content Raises Serious Concerns

The October 30 order, issued after JNTL Consumer Health’s representation, highlighted complaints that high-sugar ORS-branded beverages were being mistakenly consumed instead of WHO-recommended ORS formulations, leading to worsened dehydration cases.

FSSAI observed that packaging disclaimers were insufficient, as the term ‘ORS’ dominated the label and closely mimicked medically approved rehydration solutions, increasing the likelihood of consumer confusion.

Source : https://www.freepressjournal.in/india/delhi-high-court-upholds-fssai-ban-on-ors-labeled-fruit-beverages-citing-public-health-concerns