ORS Label Misuse: Delhi High Court Stays FSSAI Ban on Fake ORS Drinks

In a major development, the Delhi High Court has granted an interim stay on the Food Safety and Standards Authority of India’s (FSSAI) directive restricting the misuse of the “ORS” label.

The order came after JNTL Consumer Health, a subsidiary of Johnson & Johnson, filed a petition seeking to continue marketing its ORS-branded product and manage existing market stock.

On October 14, the FSSAI had issued a directive banning the use of the term “ORS” (Oral Rehydration Salts) on all food and beverage products that do not conform to the World Health Organization’s (WHO) approved formula. The directive reversed earlier relaxations that allowed brands to use the “ORS” label with disclaimers. The regulator clarified that only WHO-standard formulations could be sold as “ORS,” calling all other uses false and misleading labelling.

However, the Delhi High Court issued a stay on the directive, granting JNTL a week to make its representation. In its petition, the company cited the magnitude of the business affected, estimating the value of unsold stock between ₹155 crore and ₹180 crore. Justice Sachin reportedly observed that FSSAI cannot enforce the ban “until the company is given an adequate opportunity of hearing.”

Child health advocates and paediatricians, including Hyderabad-based Dr. Sivaranjani Santosh—who has led an eight-year campaign against fake ORS drinks—criticized the interim relief. “This is a national shame,” Dr. Sivaranjani said. “It appears FSSAI has permitted disposal of high-sugar ORS-type stock without fully protecting children,” she had flagged in the past.

FSSAI, meanwhile, maintained that it remains committed to the intent of its order, clarifying that the stay is a procedural outcome, not a policy reversal. The authority stated it will take appropriate action after reviewing JNTL’s representation once the matter comes up for full adjudication.

The ongoing legal tussle has led to confusion among consumers and retailers. While consumers remain uncertain about how to distinguish WHO-approved ORS from sugar-laden hydration drinks, retailers are divided — some continue selling under court protection, while others have withdrawn stock fearing potential penalties.

What is ORS and How is it Different from Fake ORS Drinks?

Oral Rehydration Salts (ORS) is a medically approved formulation recommended by the WHO to prevent dehydration caused by diarrhoea, heat, or illness. The standard ORS contains a precise balance of glucose, sodium, potassium, and citrate to restore electrolyte and fluid balance in the body.

In contrast, fake ORS drinks—often marketed as “energy” or “hydration” beverages—contain high amounts of sugar and lack the scientifically balanced electrolytes essential for medical rehydration. While such drinks may temporarily quench thirst, they do not treat dehydration and can even worsen it in children and patients suffering from diarrhoea.