New Delhi: A appeal contesting the Food Safety and Standards Authority of India’s (FSSAI) decision to prohibit the labelling of Oral Rehydration Salts (ORS) on any fruit-based, non-carbonated, or ready-to-drink beverages was dismissed by the Delhi High Court. The top court ruled that the FSSAI’s actions were driven by “serious public health considerations” and that they were regulatory actions that applied to the whole food industry.
In an order dated October 31, Justice Sachin Datta declined to intervene in the FSSAI’s orders of October 14 and 15, which revoked authorisation for food and beverage firms to use the term “ORS” on their labels unless they adhered to the standard medical formulation. Given the facts and the aforementioned order issued by the FSSAI on October 30, 2025, this court is not disposed to interdict the contested orders. This is especially true given the harmful effects and unfavourable health consequences that could result from those who are in medical need of an ORS formulation consuming the infringing products,” the high court stated.
It further stated that the court does not believe it is appropriate to hear an appeal over a public health measure implemented by the FSSAI. A appeal by Dr. Reddy’s Laboratories Ltd. contesting the FSSAI’s order prohibiting the use of the label “ORS” for its oral rehydration solution brand Rebalanz VITORS was denied by the court. The pharmaceutical company’s attorney stated during the proceedings that the petitioner has stopped producing new supplies of its goods.
It was further stated that in order to save the petitioner from suffering an irreversible and significant loss, the company was willing to rebrand or re-label its current stock of the food goods in question. Additionally, the stock that was already in the supply chain was permitted to be sold. However, the court stated that it was not inclined to issue any directives in this respect during these proceedings, with the exception of instructing the regulating authority (FSSAI) to take this element of the case into consideration based on a petitioner’s representation.
“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,” it stated. The FSSAI revoked all previous authorisations for food and beverage firms to use the term “ORS” in product names or branding on October 14 unless the products fulfilled the standard medical formulation.
The inclusion of “ORS” in the branding of sugary or electrolyte beverages was judged by the food safety regulation to be deceptive to customers, especially youngsters, and to be against the Food Safety and Standards Act of 2006. People who are dehydrated are given oral rehydration solutions, or ORS for short. These formulas are recommended by the World Health Organisation. The company’s plea to be permitted to sell the stock, which is already on the market, using the Rebalanz VITORS brand was rejected by the FSSAI’s attorney.
Delhi High Court Upholds FSSAI’s Prohibition on Drinks with ORS Labels
