Delhi High Court Upholds FSSAI Ban on Misleading 'ORS' Labels in Food and Beverages

The petition was brought forward by Dr Reddy's Laboratories Ltd.

New Delhi:

The Delhi High Court has rejected a challenge against the Food Safety and Standards Authority of India's (FSSAI) decision to prohibit Oral Rehydration Salts (ORS) labelling on fruit-based, non-carbonated or ready-to-drink beverages.

According to the high court, the FSSAI's measures are driven by "serious public health considerations" and constitute regulatory actions applicable throughout the food industry.

In an order issued on October 31, Justice Sachin Datta declined to interfere with the FSSAI's October 14 and 15 directives that revoked permissions for food-and-beverage companies to use "ORS" in their labelling unless their products matched the standard medical formulation.

"This court is not inclined to interdict with the impugned orders, in light of the aforesaid order dated October 30, 2025, passed by the FSSAI. This is particularly in light of the deleterious effect and adverse health outcomes in the event of consumption of the offending products by those who are in medical need of an ORS formulation," stated the high court.

The court added that it does not find it appropriate to review a measure implemented by the FSSAI based on public health considerations.

The court dismissed the petition filed by Dr Reddy's Laboratories Ltd that challenged the FSSAI's directive limiting the use of the 'ORS' label for its oral rehydration solution brand Rebalanz VITORS.

During proceedings, the pharmaceutical company's counsel indicated that the petitioner had stopped manufacturing fresh stocks of its products.

The company also expressed willingness to re-label or re-brand its existing inventory of the food products concerned and requested permission to sell stock already in the supply chain to prevent significant financial loss.

However, the court declined to issue directions on this matter except to instruct the FSSAI to consider this aspect upon receiving a representation from the petitioner.

"Accordingly, the present petition is dismissed, while granting liberty to make such a representation to the FSSAI, which 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 of receipt thereof," the court stated.

On October 14, the FSSAI issued an order withdrawing all previous permissions for food-and-beverage companies to use the term 'ORS' in product names or branding unless they complied with the standard medical formulation.

The food safety regulator determined that the use of 'ORS' in branding by sugary or electrolyte drinks was misleading to consumers, especially children, and violated the Food Safety and Standards Act, 2006.

ORS, which stands for Oral Rehydration Solution, refers to formulations recommended by the WHO for treating people suffering from dehydration.

The FSSAI's counsel opposed the company's request to be allowed to sell existing market stock with the Rebalanz VITORS mark.