FSSAI Cracks Down on Beverages Falsely Using 'ORS' Label to Protect Public Health

The FSSAI has declared that the designation "ORS" may only be applied to formulations that comply with WHO standards.

New Delhi:

On Wednesday, the Food Safety and Standards Authority of India (FSSAI) issued a directive mandating the immediate withdrawal of fruit-based beverages, ready-to-serve drinks, energy drinks, electrolyte drinks, and similar products that utilize the term "ORS" in their brand or product names.

According to the FSSAI, these products continue to be available in retail stores and on e-commerce platforms, despite previous orders that had already rescinded permission for using the term "ORS" for such beverages.

The FSSAI referenced its prior directives from October 14 and the clarification released on October 15, which specified that no food product—whether fruit-based, non-carbonated, or ready-to-drink—is permitted to use the term "ORS" in a trademarked name or in any form, including as a prefix or suffix. Such usage contravenes the Food Safety and Standards Act of 2006. Despite these instructions, the FSSAI observed that numerous products are still being marketed under names incorporating "ORS".

To address this issue, the FSSAI has instructed its officers to conduct immediate inspections of e-commerce platforms and retail outlets to identify food products that violate these orders by using the term "ORS". Any such products discovered must be removed from sale, and regulatory measures must be implemented against the responsible companies. Officers are also required to submit a comprehensive action taken report to the FSSAI, detailing inspections, violations, and the status of product removal.

The authority has directed all officers to ensure there is no disruption in the storage, distribution, or sale of WHO-recommended ORS drug products.

Enforcement activities are to target only non-compliant food products that are deceptively using the term "ORS".

Previously, on October 31, the Delhi High Court stated it would not interfere with the FSSAI's decision to prohibit the use of the term "ORS" on beverages, noting that counterfeit or misleading ORS-labeled products present a serious threat to public health.

The Bench emphasized that public health must be prioritized over commercial interests and indicated that a detailed judgment would follow.

This observation was made during the hearing of a petition filed by Dr. Reddy's Laboratories, which had challenged the FSSAI's notification prohibiting the manufacture and sale of drinks featuring the expression "ORS" (Oral Rehydration Solution) in their brand names or trademarks.

The FSSAI had previously affirmed that the term "ORS" can exclusively be used for formulations that meet World Health Organisation (WHO) standards for oral rehydration solutions.