Delhi High Court Upholds FSSAI's Ban on Use of "ORS" in Food Product Branding

Court Dismisses Dr. Reddy's Laboratories' Plea Against FSSAI's Regulatory Actions, Citing Public Health Concerns

In a landmark decision, the Delhi High Court has dismissed the petition filed by Dr. Reddy's Laboratories Limited challenging the orders issued by the Food Safety and Standards Authority of India (FSSAI) regarding the use of the term "ORS" in food product names. The court's ruling, delivered by Justice Sachin Datta, highlights the significance of consumer safety and public health over commercial interests.

The petitioners, Dr. Reddy's Laboratories, contended that the FSSAI's orders, dated October 14 and October 15, 2025, were issued without prior notice or consultation with stakeholders, thus impacting their proprietary rights and causing significant operational disruption. The FSSAI had mandated the withdrawal of permissions for using the term "ORS" in food product labels, deeming it misleading under the Food Safety and Standards Act, 2006.

The court observed that the FSSAI's actions are in line with its statutory mandate to protect public health. The judgment emphasized that the term "ORS" is recognized as a therapeutic formulation recommended by the World Health Organization for managing dehydration in medical conditions, and its use in food products could lead to consumer confusion and adverse health outcomes.

During the proceedings, the FSSAI highlighted complaints about products branded with "ORS" causing misunderstandings among consumers, particularly children, and posing health risks due to their high sugar content and inappropriate electrolyte balance. The court noted that the regulatory authority's decision to supersede prior approvals was based on a comprehensive review of consumer deception complaints and public health risks.

Justice Datta underscored that the FSSAI's measures are not targeted at any single entity but are part of broader regulatory directions to safeguard consumers, especially vulnerable groups. The court declined to interfere with the FSSAI's decision-making, citing the importance of leaving technical and scientific matters to expert regulatory bodies.

The court also referenced previous judgments, affirming that judicial proceedings are not suitable for determining technical issues related to public health, as these are best addressed by specialized expert bodies like the FSSAI.

While dismissing the petition, the court granted Dr. Reddy's Laboratories the liberty to approach the FSSAI with a representation for re-labeling or re-branding their existing inventory. The FSSAI has been directed to consider such representation and provide a reasoned order within a week, after offering the petitioner an opportunity to be heard.

This judgment reinforces the precedence of public health and consumer safety in regulatory decisions, setting a significant precedent for food safety governance in India.

Bottom Line:

Food Safety - Use of the term "ORS" in food product names is misleading and deceptive, violating the Food Safety and Standards Act, 2006 and regulations made thereunder - FSSAI actions are regulatory measures aimed at public health and consumer safety.

Statutory provision(s): Food Safety and Standards Act, 2006 Sections 16, 18, 23, 24, 52, 53, 89; FSS (Labelling and Display) Regulations, 2020; FSS (Advertising and Claims) Regulations, 2018.

Dr Reddys Laboratories Limited v. Union of India, (Delhi) : Law Finder Doc Id # 2803474