Delhi High Court says order on misleading ORS labels not a license for companies to continue manufacturing

The Delhi High Court on Tuesday issued clarifications with respect to its order on the issue of manufacture of beverages with misleading 'ORS' labels..On October 17, the Court protected JNTL Consumer Health India, the Indian subsidiary of the American company Kenvue, against the Food Safety and Standards Authority of India (FSSAI) decision to ban beverages from using the term 'ORS'.The order was portrayed on social media as the Court having allowed food business operators (FBOs) to continue manufacturing beverages and styling them as ORS (oral rehydration solution).However, Justice Sachin Datta today said that the order was not meant to allow the continued manufacture of products with that name, with a view to deceiving consumers. .The Court further said that it was a consent order whose objective was to enable the FSSAI to take a decision after considering the representation made by JNTL, which was using 'ORS' in its trademark to sell beverages."I would have restrained the manufacturers from manufacturing fresh batches had I known that the FSSAI would take two weeks to take a decision. The consent order was passed to enable the FSSAI to take the requisite steps. It wasn’t to allow all these manufacturers to continue manufacturing these products. The idea was that the FSSAI would do the needful in two to three days,” the Court remarked. Justice Datta today noted the submission of the FSSAI counsel that the Authority will decide the matter by Friday. “If you [FSSAI] are unable to do it, you move an application. I contemplate passing orders to restrain the manufacturers from manufacturing,” the Court further said. .The Court was hearing a separate plea filed by Dr Reddy’s Laboratories challenging the FSSAI order of October 14 and 15, withdrawing earlier approvals that had allowed the use of the term 'ORS' with prefixes or suffixes in registered trademarks for electrolyte and beverage products.The FSSAI has said that using ORS, even with prefixes or suffixes in trademarked names, is misleading and constitutes a violation of the Food Safety and Standards Act, 2006, unless the product complies with the World Health Organisation (WHO) formulation. ORS is the term used for oral rehydration solution formulations recommended by the WHO and is given to people suffering from dehydration.Counsel appearing for Dr Reddy’s Laboratories told the Court that their product is called Rebalanz VITORS and that it carries all the disclaimers required by the WHO and other organisations. After hearing the lawyers in brief, the Court said that the matter will be heard on October 31.